CHAPTER 100 · 100.53 Vehicle rentals; title and registration fees. 100.54 Access to credit...

MARKETING; TRADE PRACTICES 100.011 Updated 17−18 Wis. Stats.

Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. October 1, 2020.

2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled SubstancesBoard Orders filed before and in effect on October 1, 2020. Published and certified under s. 35.18. Changes effective after Octo-ber 1, 2020, are designated by NOTES. (Published 10−1−20)

CHAPTER 100

MARKETING; TRADE PRACTICES

100.01 Produce wholesalers, unfair conduct, liability for damages.100.02 Commission merchants, duties, must account.100.025 Classification of dairy heifer calves.100.04 Livestock production contracts.100.05 Butter and cheese manufacturers; accounts accessible.100.057 Wisconsin cheese logotype.100.07 Milk payments; audits.100.12 Refusal of commission merchant to furnish written statement of transac-

tion prima facie evidence of gambling.100.14 Uniform labels and trademarks.100.15 Regulation of trading stamps.100.16 Selling with pretense of prize; in−pack chance promotion exception.100.17 Guessing contests.100.171 Prize notices.100.173 Ticket refunds.100.174 Mail−order sales regulated.100.175 Dating service contracts.100.177 Fitness center and weight reduction center contracts.100.178 Fitness center staff requirements.100.18 Fraudulent representations.100.182 Fraudulent drug advertising.100.183 Fraud, advertising foods.100.184 Advertising foods for sale.100.185 Fraud, advertising musical performances.100.186 Linseed oil, white lead, zinc oxide, turpentine; standards; sale.100.187 Sale of honey and Wisconsin certified honey; rules, prohibitions.100.19 Distribution methods and practices.100.195 Unfair billing for consumer goods or services.100.197 Patent notifications.100.20 Methods of competition and trade practices.100.201 Unfair trade practices in the dairy industry.100.202 Contracts in violation void.100.203 Vehicle protection product warranties.100.205 Motor vehicle rustproofing warranties.100.206 Music royalty collections; fair practices.100.207 Telecommunications services.100.208 Unfair trade practices in telecommunications.100.209 Video programming service subscriber rights.100.2095 Labeling of bedding.100.21 Substantiation of energy savings or safety claims.100.22 Discrimination in purchase of milk prohibited.100.23 Contract to market agricultural products; interference prohibited.100.235 Unfair trade practices in procurement of vegetable crops.100.24 Revocation of corporate authority.100.25 Cumulative remedies.100.26 Penalties.

100.261 Consumer protection surcharge.100.263 Recovery.100.264 Violations against elderly or disabled persons.100.265 List of gasohol and alternative fuel refueling facilities.100.27 Dry cell batteries containing mercury.100.28 Sale of cleaning agents and water conditioners containing phosphorus

restricted.100.285 Reduction of toxics in packaging.100.29 Sale of nonrecyclable materials.100.295 Labeling of recycled, recyclable or degradable products.100.297 Plastic container recycled content.100.30 Unfair sales act.100.305 Prohibited selling practices during periods of abnormal economic disrup-

tion.100.307 Returns during emergency; prohibition.100.31 Unfair discrimination in drug pricing.100.313 Solicitation of a fee for providing a public record.100.315 Solicitation of contract using check or money order.100.33 Plastic container labeling.100.335 Child’s containers containing bisphenol A.100.35 Furs to be labeled.100.36 Frauds; substitute for butter; advertisement.100.37 Hazardous substances act.100.38 Antifreeze.100.383 Antifreeze; bittering required.100.41 Flammable fabrics.100.42 Product safety.100.43 Packaging standards; poison prevention.100.44 Identification and notice of replacement part manufacturer.100.45 Mobile air conditioners.100.46 Energy consuming products.100.47 Sales of farm equipment.100.48 Hour meter tampering.100.50 Products containing or made with ozone−depleting substances.100.51 Motor fuel dealerships.100.52 Telephone solicitations.100.525 Telephone records; obtaining, selling, or receiving without consent.100.53 Vehicle rentals; title and registration fees.100.54 Access to credit reports.100.545 Security freezes for protected consumers.100.55 Furnishing or using certain consumer loan information to make solicita-

tions.100.57 Tax preparers; privacy of client information.100.60 State renewable fuels goal.100.65 Residential contractors.100.70 Environmental, occupational health, and safety credentials.

Cross−reference: See definitions in s. 93.01.

100.01 Produce wholesalers, unfair conduct, liabilityfor damages. (1) DEFINITIONS. When used in this section:

(a) “Broker” means a person engaged in negotiating sales orpurchases of produce for or on behalf of the seller or the buyer.

(b) “Commission merchant” means a person engaged inreceiving produce for sale for or on behalf of another.

(c) “Dealer” means a person who for resale buys, sells, offersor exposes for sale, or has in his or her possession with intent tosell, any produce except that raised by him or her and that pur-chased by him or her exclusively for his or her own sale at retail.

(d) “Produce” means any kinds of fresh fruit or fresh vegeta-ble, including potatoes and onions intended for planting.

(e) “Produce wholesaler” means a commission merchant,dealer or broker.

(2) UNFAIR CONDUCT. It shall be unlawful:

(a) For a dealer to reject or fail to deliver in accordance withthe contract, without reasonable cause, produce bought or sold orcontracted to be bought or sold by such dealer.

(b) For a commission merchant, without reasonable cause, tofail to deliver produce in accordance with the contract.

(c) For a commission merchant to fail to render a true itemizedstatement of the sale or other disposition of a consignment of pro-duce with full payment promptly in accordance with the terms ofthe agreement between the parties, or, if no agreement, within 15days after receipt of the produce. Such statement of sale shallclearly express the gross amount for which the produce was soldand the proper, usual or agreed selling charge, and other expensesnecessarily and actually incurred or agreed to in the handlingthereof.

(d) For a commission merchant or broker to make a fraudulentcharge in respect to produce.

(e) For a commission merchant or broker to discard, dump ordestroy without reasonable cause produce received by the mer-chant or broker.

(f) For a produce wholesaler to make for a fraudulent purposeor for the purpose of depressing the market a false or misleadingstatement concerning the grade, condition, markings, quality,quantity, market quotations or disposition of any produce or of thecondition of the market therefor.

(g) For a produce wholesaler to receive produce from anotherstate or country for sale or resale within this state and give thebuyer the impression that the commodity is of Wisconsin origin.

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(h) For a produce wholesaler, for a fraudulent purpose, toremove, alter or tamper with any card, stencil, stamp, tag, certifi-cate or other notice placed upon any container or railroad car con-taining produce by the original packer or by or under authority ofany federal or state inspector and bearing a certificate as to thegrower, grade or quality of such produce.

(3) ACCEPTANCE IMPLIED. If any dealer fails to notify the sellerof rejection within 24 hours after the dealer receives notice ofarrival of the produce, the dealer will be deemed to have acceptedit as being in accordance with the contract.

(4) DOUBLE DAMAGES. A produce wholesaler who violatesany provision of sub. (2) shall be liable to any person injuredthereby for twice the amount of damages sustained in conse-quence of such violation and such liability may be enforced by suitin any court of competent jurisdiction.

History: 1983 a. 189; 1993 a. 492.It defies common sense to think that the legislature intended to allow parties to con-

tract around the double damages provision in sub. (4). Nothing in this section sug-gests that the legislature intended the statute’s applicability to rise or fall on the rela-tive sophistication of the parties. Wisconsin Central Farms, Inc. v. HeartlandAgricultural Marketing, Inc., 2006 WI App 199, 296 Wis. 2d 779, 724 N.W. 2d 364,04−2971.

100.02 Commission merchants, duties, must account.(1) No person receiving any fruits, vegetables, melons, dairy, orpoultry products or any perishable farm products of any kind orcharacter, other than cattle, sheep, hogs or horses, referred to inthis section as produce, for or on behalf of another, may withoutgood and sufficient cause therefor, destroy, or abandon, discard asrefuse or dump any produce directly or indirectly, or through col-lusion with any person, nor may any person knowingly and withintent to defraud make any false report or statement to the personfrom whom any produce was received, concerning the handling,condition, quality, quantity, sale or disposition thereof, nor mayany person knowingly and with intent to defraud fail truly and cor-rectly to account and pay over to the consignor therefor.

(2) The department shall by rule provide for the making ofprompt investigations and the issuing of certificates as to the qual-ity and condition of produce received, upon application of anyperson shipping, receiving or financially interested in, the pro-duce. The rules shall designate the classes of persons qualifiedand authorized to make the investigations and issue the certifi-cates, except that any investigation shall be made and any certifi-cate shall be issued by at least 2 disinterested persons in any casewhere the investigation is not made by an officer or employee ofthe department.

(3) A certificate made in compliance with the rules shall beprima facie evidence in all courts of the truth of the statementscontained in the certificate as to the quality and condition of theproduce; but if any such certificate is put in evidence by any party,in any civil or criminal proceeding, the opposite party shall be per-mitted to cross−examine any person signing the certificate, calledas a witness at the instance of either party, as to his or her qualifica-tions and authority and as to the truth of the statements containedin the certificate.

History: 1977 c. 29; 1993 a. 213.

100.025 Classification of dairy heifer calves. (1) Asused in this section, “dairy heifer calf” means a female bovine ani-mal, of a recognized dairy breed, at least 2 weeks and less than 4months of age.

(2) The owner of the herd of origin of any healthy dairy heifercalf may classify such calf as a “Wisconsin Blue Tag” dairy heifercalf by certifying that he or she is the owner of the herd of origin;that the sire of such calf is a registered purebred sire; and that thedam is of the same breed as the sire. Such certification shall be onforms prescribed by the department and shall include identifica-tion of the calf and its sire and dam, and such other information asthe department requires. Dairy heifer calves so classified shall beidentified by the owner of the herd of origin or the owner’s agent

by inserting a blue ear tag in the right ear and shall be accompaniedby the certificate.

(4) Blue ear tags for dairy heifer calves shall be purchasedfrom the department. Each tag shall bear a distinctive serial num-ber. No person shall possess or use, for identification pursuant tothis section, ear tags which have not been issued by the depart-ment. Ear tag applicators and other supplies may be purchasedfrom the department.

(5) No person shall falsely execute any herd owner’s certifi-cate or falsely represent the identity or classification of any calvesprovided for in this section.

History: 1991 a. 201; 1993 a. 492.

100.04 Livestock production contracts. (1) DEFINITION.

In this section, “livestock” means swine, cattle, poultry, sheep,goats or farm−raised deer, as defined in s. 95.001 (1) (ag).

(2) REQUIRED CONTRACT TERMS. Every written contract underwhich livestock owned by one party is possessed by another partyfor breeding, feeding or the production of animal products shallset forth, in clear language, the manner in which any paymentsreceived because of the destruction of the livestock due to disease,fire or other unanticipated cause shall be divided between theparty owning the livestock and the party possessing the livestock.

(3) RESPONSIBLE PARTY. The party who drafts or otherwiseprovides the text of a written contract described in sub. (2) isresponsible for including language that fulfills the requirement ofsub. (2).

(4) RESOLUTION OF DISPUTES. If a written contract describedin sub. (2) does not include language that fulfills the requirementof sub. (2) and one of the parties to the contract begins an actionclaiming an interest in payments received because of the destruc-tion of livestock, the court shall divide the payments among theparties in an equitable manner.

History: 1995 a. 210; 2001 a. 56.

100.05 Butter and cheese manufacturers; accountsaccessible. (1) No operator of a butter factory or cheese fac-tory wherein the value of the milk or cream delivered is deter-mined by the sale of the product manufactured shall use or allowany other person, unless the other person is entitled to the benefitthereof, to use any milk or cream brought to the operator, withoutthe consent of the owner thereof.

(2) The operator of a butter or cheese factory wherein thevalue of the milk or cream delivered is determined by the sale ofthe product manufactured shall keep or cause to be kept a correctaccount of the amount of milk or cream received daily, and of thenumber of pounds of butter, and the number and style of cheesemade each day, and of the number of cheese cut or otherwise dis-posed of and the weight of each, and the number of pounds ofwhey cream sold, with the test.

(3) The account kept under sub. (2) shall be open to the inspec-tion of any person furnishing milk to the operator and to thedepartment, its chemists, assistants, inspectors and agents.

History: 1993 a. 492; 1995 a. 225.

100.057 Wisconsin cheese logotype. The departmentshall design an official logotype appropriate for affixation to anddisplay in connection with natural cheese meeting quality stan-dards established by the department and manufactured in this stateentirely from milk which is produced under standards which areequal to or greater than standards established under s. 97.24 andrules adopted under s. 97.24. The design shall consist of an outlineof the boundaries of the state and the words “100% WisconsinCheese” and such other specifications as the department deemsappropriate. Nothing in this section shall prohibit the use of otherappropriate labels or logotypes.

History: 1975 c. 323; 1977 c. 157; 2013 a. 374; 2017 a. 365 s. 111.

https://docs.legis.wisconsin.gov/document/statutes/100.01(2)

https://docs.legis.wisconsin.gov/document/acts/1983/189


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100.07 Milk payments; audits. (1) Whenever petitionssigned by more than 60 percent of the producers of milk deliveredto any dairy plant or petitions signed by more than 60 percent ofthe producers comprising any municipal milk shed shall be pre-sented to the department asking for the audit of payments to pro-ducers, the department by investigation and public hearing shalldetermine the facts in support of and against such petition and ren-der its decision thereon. The department by order shall define theplants and areas affected. All persons receiving from producersin any such plant or area milk any part of which is used for fluiddistribution shall keep adequate records of all purchases and allusage or disposition of milk and shall make reports thereof as pre-scribed by the department. The department shall have free accessto such records and shall after entry of such order audit the receiptsand usage or disposition of milk and cream at intervals sufficientlyfrequent to keep the producers informed for bargaining purposes.

(2) Each such person shall deduct from the price to producersan amount sufficient to administer this section, to be the same forall, and not to exceed one−half cent per 100 pounds of milkreceived or its equivalent. Amounts so deducted are trust fundsand shall be paid to the department.

(3) Whenever petitions signed by more than 51 percent of theproducers of milk delivered to any such plant or in any suchmunicipal milk shed shall be presented to the department askingfor discontinuance of such auditing service, it shall promptly holda public hearing to determine the sufficiency of such petitions, andif it shall appear that the required number of persons have so peti-tioned, the auditing service shall be ordered discontinued. Plantsand areas now being audited by the department shall continue toreceive such service until an order of discontinuance is made asherein provided.

(4) Authorized officials of any organization whose membersare producers delivering milk to any such plant or in any suchmunicipal milk shed may sign petitions for such auditing serviceor for the discontinuance thereof for and on behalf of the producermembers of such organization.

(5) Any person who violates this section by failing to pay tothe department the deductions required by this section, or by fail-ing to make or to keep the required records or reports, or by will-fully making any false entry in such records or reports, or by will-fully failing to make full and true entries in such records or reports,or by obstructing, refusing or resisting other than through judicialprocess any department audit of such records, shall be fined notto exceed $200 or imprisoned in the county jail not more than 6months or by both.

(6) Action to enjoin violation of this section may be com-menced and prosecuted by the department in the name of the statein any court having equity jurisdiction.

History: 2009 a. 177.

100.12 Refusal of commission merchant to furnishwritten statement of transaction prima facie evidence ofgambling. (1) Every person doing business as a commissionmerchant or broker shall furnish, upon demand, to any person forwhom he or she has executed an order for the purchase or sale ofa commodity, whether for immediate or future delivery, a writtenstatement containing the following information:

(a) The name of the party from whom the commodity wasbought or to whom it was sold, whichever the case may be; and

(b) The time when, the place where, and the price at which suchcommodity was bought or sold.

(2) Refusal upon demand to furnish the written statementspecified in sub. (1) is prima facie evidence that the purchase orsale of the commodity was not a bona fide business transaction.

(3) Transactions by or between members of a lawfully consti-tuted chamber of commerce or board of trade which has beenorganized pursuant to the laws of this state are prima facie validif they are conducted in accordance with the charter of such cham-

ber of commerce or board of trade and the rules, bylaws and regu-lations adopted thereunder.

History: 1993 a. 492.

100.14 Uniform labels and trademarks. (1) The depart-ment may adopt uniform labels and trademarks for brands of Wis-consin products and shall, upon request, permit the use of suchlabels and trademarks by any person engaged in the production ordistribution of products who complies with regulations issued bythe department for the use of such labels or trademarks.

(2) The department of financial institutions shall, upon appli-cation of the department of agriculture, trade and consumer pro-tection, record any such label or trademark under ss. 132.01 to132.11. The department of agriculture, trade and consumer pro-tection shall be entitled to protect such label or trademark undersaid sections and in any other manner authorized by law.

History: 2011 a. 32.

100.15 Regulation of trading stamps. (1) No person mayuse, issue or furnish within this state, in connection with the saleof any goods, any trading stamp or similar device, which entitlesthe purchaser to procure anything of value in exchange for thetrading stamp or similar device.

(3) This section does not apply to:

(a) Stamps, tokens, tickets, or similar devices, without anystated cash value, if such stamps, tokens, tickets, or similardevices are redeemable only in payment for parking privileges forautomobiles or fares on urban passenger transit facilities.

(b) A person who issues a trading stamp or other similardevice, with the sale of any goods, which bears upon its face astated cash value and is redeemable in cash upon presentation inamounts aggregating 25 cents or over of redemption value, or inmerchandise at the option of the holder.

(c) The publication by or distribution through newspapers, orother publications, of coupons in advertisements other than theirown.

(d) A coupon, certificate or similar device, which is within,attached to, or a part of any package or container as packed by theoriginal manufacturer and is directly redeemed by such manufac-turer.

(e) A coupon, certificate or similar device, which is within,attached to, or a part of any package or container as packed by theoriginal manufacturer or retailer and which is to be redeemed bya retailer or another manufacturer if:

1. The coupon, certificate or similar device clearly states thenames and addresses of both the issuing manufacturer or retailerand any redeeming manufacturer; and

2. The issuing manufacturer or retailer is responsible toredeem the coupon, certificate or similar device if the redeemingretailer or manufacturer fails to do so.

(f) A coupon, ticket, certificate, card or similar device issued,distributed or furnished by a retailer and redeemed by that retailerfor any product or service the retailer sells or provides in the usualcourse of business. Redemption under this paragraph shall bemade by the issuing retail outlet on request of the customer, andmay be made by any other retail outlet operating under the samebusiness name.

(g) An entry blank or game piece redeemed for merchandisein a chance promotion exempt under s. 100.16 (2).

History: 1977 c. 268; 1981 c. 351; 1983 a. 406; 1993 a. 213.

100.16 Selling with pretense of prize; in−pack chancepromotion exception. (1) No person shall sell or offer to sellanything by the representation or pretense that a sum of money orsomething of value, which is uncertain or concealed, is enclosedwithin or may be found with or named upon the thing sold, or thatwill be given to the purchaser in addition to the thing sold, or byany representation, pretense or device by which the purchaser is















informed or induced to believe that money or something else ofvalue may be won or drawn by chance by reason of the sale.

(2) This section does not apply to an in−pack chance promo-tion if all of the following are met:

(a) Participation is available, free and without purchase of thepackage, from the retailer or by mail or toll−free telephone requestto the sponsor for entry or for a game piece.

(b) The label of the promotional package and any relatedadvertising clearly states any method of participation and thescheduled termination date of the promotion.

(c) The sponsor on request provides a retailer with a supply ofentry forms or game pieces adequate to permit free participationin the promotion by the retailer’s customers.

(d) The sponsor does not misrepresent a participant’s chancesof winning any prize.

(e) The sponsor randomly distributes all game pieces andmaintains records of random distribution for at least one year afterthe termination date of the promotion.

(f) All prizes are randomly awarded if game pieces are not usedin the promotion.

(g) The sponsor provides on request of a state agency a recordof the names and addresses of all winners of prizes valued at $100or more, if the request is made within one year after the termina-tion date of the promotion.

History: 1981 c. 351; 1997 a. 253.

A plan whereby a soft drink company would include with specified purchases acoupon for a Wisconsin lottery ticket that the customer could redeem at a retail lotteryoutlet would violate this section. 77 Atty. Gen. 303.

100.17 Guessing contests. No person or persons or corpo-rations in their own name or under any assumed trade name, withintent to defraud, shall advertise or represent in printing or writingof any nature, any enigma, guessing or puzzle contest, offering tothe participants therein any premium, prize or certificate entitlingthe recipient to a credit upon the purchase of merchandise in anyform whatsoever; nor shall any person or corporation in the print-ing or writing, advertising or setting forth any such contests, failto state definitely the nature of the prizes so offered; nor shall anyperson or corporation fail to state clearly upon all evidences ofvalue issued as a result of such contest in the form of credit certifi-cates, credit bonds, coupons, or other evidences of credit in anyform whatsoever, whether the same are redeemable in money orare of value only as a credit upon the purchase of merchandise; norshall any person or corporation issue to any person as a result ofany such contest, any instrument in the form of a bank check orbank draft or promissory note or any colorable imitation of any ofthe foregoing; nor shall any person or corporation refuse or fail toaward and grant the specific prizes offered to the persons deter-mined to be entitled thereto under the terms of such contest, or failto redeem any credit certificate, credit bonds, coupons or otherevidences of credit issued as a result of any such contest, accord-ing to the terms thereof.

100.171 Prize notices. (1) DEFINITIONS. In this section:

(a) “Prize” means a gift, award or other item or service ofvalue.

(b) 1. “Prize notice” means a notice given to an individual inthis state that satisfies all of the following:

a. Is or contains a representation that the individual has beenselected or may be eligible to receive a prize.

b. Conditions receipt of a prize on a payment from the individ-ual or requires or invites the individual to make a contact to learnhow to receive the prize or to obtain other information related tothe notice.

2. “Prize notice” does not include any of the following:

a. A notice given at the request of the individual.

b. A notice informing the individual that he or she has beenawarded a prize as a result of his or her actual prior entry in a game,

drawing, sweepstakes or other contest, if the individual is awardedthe prize stated in the notice.

c. A notice given in the form of an in−pack chance promotionif it meets the requirements of s. 100.16 (2).

(c) “Solicitor” means a person who represents to an individualthat the individual has been selected or may be eligible to receivea prize.

(d) “Sponsor” means a person on whose behalf a solicitor givesa prize notice.

(e) “Verifiable retail value” of a prize means:

1. A price at which the solicitor or sponsor can demonstratethat a substantial number of the prizes have been sold by a personother than the solicitor or sponsor in the trade area in which theprize notice is given.

2. If the solicitor or sponsor is unable to satisfy subd. 1., nomore than 1.5 times the amount the solicitor or sponsor paid forthe prize.

(2) WRITTEN PRIZE NOTICE REQUIRED. If a solicitor representsto an individual that the individual has been selected or may be eli-gible to receive a prize, the solicitor may not request, and the solic-itor or sponsor may not accept, a payment from the individual inany form before the individual receives a written prize notice thatcontains all of the information required under sub. (3) (a) pre-sented in the manner required under sub. (3) (b) to (f).

(3) DELIVERY AND CONTENTS OF WRITTEN PRIZE NOTICES. (a)A written prize notice shall contain all of the following informa-tion presented in the manner required under pars. (b) to (f):

1. The name and address of the solicitor and sponsor.

2. The verifiable retail value of each prize the individual hasbeen selected or may be eligible to receive.

3. If the notice lists more than one prize that the individual hasbeen selected or may be eligible to receive, a statement of the oddsthe individual has of receiving each prize.

4. Any requirement or invitation for the individual to view,hear or attend a sales presentation in order to claim a prize, theapproximate length of the sales presentation and a description ofthe property or service that is the subject of the sales presentation.

5. Any requirement that the individual pay shipping or han-dling fees or any other charges to obtain or use a prize.

6. If receipt of the prize is subject to a restriction, a statementthat a restriction applies, a description of the restriction and a state-ment containing the location in the notice where the restriction isdescribed.

7. Any limitations on eligibility.

(b) 1. The verifiable retail value and the statement of oddsrequired in a written prize notice under par. (a) 2. and 3. shall bestated in immediate proximity to each listing of the prize in eachplace the prize appears on the written prize notice and shall be inthe same size and boldness of type as the prize.

2. The statement of odds shall include, for each prize, the totalnumber of prizes to be given away and the total number of writtenprize notices to be delivered. The number of prizes and writtenprize notices shall be stated in Arabic numerals. The statement ofodds shall be in the following form: “.... (number of prizes) outof.... written prize notices”.

3. The verifiable retail value shall be in the following form:“verifiable retail value: $....”.

(c) If an individual is required to pay shipping or handling feesor any other charges to obtain or use a prize, the following state-ment shall appear in immediate proximity to each listing of theprize in each place the prize appears in the written prize notice andshall be in not less than 10−point boldface type: “YOU MUSTPAY $.... IN ORDER TO RECEIVE OR USE THIS ITEM.”

(d) The information required in a written prize notice underpar. (a) 4. shall be on the first page of the written prize notice innot less than 10−point boldface type. The information required



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https://docs.legis.wisconsin.gov/document/statutes/100.171(1)(e)1.

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under par. (a) 6. and 7. shall be in not less than 10−point boldfacetype.

(e) If a written prize notice is given by a solicitor on behalf ofa sponsor, the name of the sponsor shall be more prominently andconspicuously displayed than the name of the promoter.

(f) A solicitor or sponsor may not do any of the following:

1. Place on an envelope containing a written prize notice anyrepresentation that the person to whom the envelope is addressedhas been selected or may be eligible to receive a prize.

2. Deliver a written prize notice that contains language, or isdesigned in a manner, that would lead a reasonable person tobelieve that it originates from a government agency, public utility,insurance company, consumer reporting agency, debt collector orlaw firm unless the written prize notice originates from thatsource.

3. Represent directly or by implication that the number ofindividuals eligible for the prize is limited or that an individual hasbeen selected to receive a particular prize unless the representa-tion is true.

(4) SALES PRESENTATIONS. If a prize notice requires or invitesan individual to view, hear or attend a sales presentation in orderto claim a prize, the sales presentation may not begin until thesolicitor does all of the following:

(a) Informs the individual of the prize, if any, that has beenawarded to the individual.

(b) If the individual has been awarded a prize, delivers to theindividual the prize or the item selected by the individual undersub. (5) if the prize is not available.

(5) PRIZE AWARD REQUIRED; OPTIONS IF PRIZE NOT AVAILABLE.

(a) A solicitor who represents to an individual in a written prizenotice that the individual has been awarded a prize shall providethe prize to the individual unless the prize is not available. If theprize is not available, the solicitor shall provide the individualwith any one of the following items selected by the individual:

1. Any other prize listed in the written prize notice that isavailable and that is of equal or greater value.

2. The verifiable retail value of the prize in the form of cash,a money order or a certified check.

3. A voucher, certificate or other evidence of obligation stat-ing that the prize will be shipped to the individual within 30 daysat no cost to the individual.

(b) If a voucher, certificate or other evidence of obligationdelivered under par. (a) 3. is not honored within 30 days, the solici-tor shall deliver to the individual the verifiable retail value of theprize in the form of cash, a money order or a certified check. Thesponsor shall make the payment to the individual if the solicitorfails to do so.

(6) COMPLIANCE WITH OTHER LAWS. Nothing in this sectionshall be construed to permit an activity prohibited by s. 945.02 (3).

(7) PENALTIES. (a) Whoever violates this section may berequired to forfeit not less than $100 nor more than $5,000 for eachviolation.

(b) Whoever intentionally violates this section is guilty of aClass I felony. A person intentionally violates this section if theviolation occurs after the department or a district attorney has noti-fied the person by certified mail that the person is in violation ofthis section.

(8) ENFORCEMENT. The department shall investigate viola-tions of this section. The department or any district attorney mayon behalf of the state:

(a) Bring an action for temporary or permanent injunctive orother relief in any court of competent jurisdiction for any violationof this section. The court may, upon entry of final judgment,award restitution when appropriate to any person suffering lossbecause of a violation of this section if proof of such loss is sub-mitted to the satisfaction of the court.

(b) Bring an action in any court of competent jurisdiction forthe penalties authorized under sub. (7).

(9) PRIVATE ACTION. In addition to any other remedies, a per-son suffering pecuniary loss because of a violation by another per-son of this section may bring an action in any court of competentjurisdiction and shall recover all of the following:

(a) The greater of $500 or twice the amount of the pecuniaryloss.

(b) Costs and reasonable attorney fees, notwithstanding s.814.04.

History: 1991 a. 269, 315; 1995 a. 27; 1997 a. 111 s. 28; Stats. 1997 s. 100.171;1997 a. 283; 2001 a. 109.

The purpose of this section is to regulate certain conduct targeted at individuals.Thus, the only reasonable interpretation of the term “violation,” as used in sub. (7)(a), is that each failure to provide an individual with the information required by sub.(3) (a) constitutes a separate violation of the statute. In this case, the defendant sentover 460,000 postcards to Wisconsin consumers that did not contain the required dis-closures. On these facts, each postcard constituted a separate violation of this section.State v. Going Places Travel Corp., 2015 WI App 42, 362 Wis. 2d 414, 864 N.W.2d885, 14−1859.

100.173 Ticket refunds. (1) In this section:

(a) “Originally scheduled date” means the date on which anentertainment or sporting event is scheduled to be held when aticket for the event is purchased from the promoter of the event orthe promoter’s agent.

(b) “Promoter” means a person who arranges, publicly pro-motes and causes the public offering for sale of tickets to an enter-tainment or sporting event. “Promoter” does not include a personwhose only financial interest in an entertainment or sporting eventis as a ticket seller or as the recipient of rental income for the siteof the event.

(c) “Sporting event” does not include a competitive sportsactivity between school teams or between teams that belong to anestablished sports league.

(2) (a) Except as provided in pars. (b), (c) and (d), every pro-moter of an entertainment or sporting event that is not held on theoriginally scheduled date shall refund to any person who pur-chased a ticket for the event from the promoter or the promoter’sagent for that date the amount paid for the ticket, minus handlingand service charges not exceeding $5 or 20 percent of the amountpaid for the ticket, whichever is less, if any of the followingapplies:

1. The purchaser presents the ticket for an event that is can-celed to the promoter or the promoter’s agent no later than 90 daysafter the event is canceled.

2. The purchaser presents the ticket for an event that isrescheduled, or that the promoter represents to the public is beingrescheduled, to the promoter or the promoter’s agent no later than30 days after the originally scheduled date.

(b) Notwithstanding par. (a), and except as provided in par. (c),if the promoter of an entertainment or sporting event that is notheld on the originally scheduled date is an organization describedin section 501 (c) (3) of the internal revenue code that is exemptfrom federal income tax under section 501 (a) of the internal reve-nue code, the promoter shall be required to refund only that por-tion of the ticket price that the promoter attributes to the admissionprice of the event, minus handling and service charges not exceed-ing $5 or 20 percent of that portion of the ticket price, whicheveris less, if all of the following apply:

1. The ticket states the portion of the ticket price that the pro-moter attributes to the admission price of the event and the portionof the ticket price that the promoter attributes to a donation.

2. The ticket states that the law applicable to ticket refundsapplies only to the portion of the ticket price that the promoterattributes to the admission price of the event.

(c) No promoter of an entertainment or sporting event who isrequired to give a ticket refund under this section may deduct ser-vice and handling charges from the amount paid for that ticketunless the ticket states, or the promoter informs the purchaser at

















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https://docs.legis.wisconsin.gov/document/statutes/100.173(2)(c)

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the time of the ticket sale of, the amount that the promoter maydeduct under par. (a) or (b) for handling and service charges.

(cm) Nothing in this subsection requires a promoter or promot-er’s agent to refund any amount paid by a purchaser for a serviceprovided by the promoter or promoter’s agent that is not includedin the price of a ticket for an entertainment or sporting event, if thepromoter or promoter’s agent informs the purchaser when the ser-vice is purchased that the amount paid for the service is nonre-fundable.

(d) This subsection does not apply to any promoter of an enter-tainment or sporting event that is not held on the originally sched-uled date because of inclement weather.

(3) Every promoter who is required to furnish a refund undersub. (2) shall furnish the refund to the purchaser no later than 60days after presentation of the ticket by the purchaser to the pro-moter.

(4) The department shall investigate violations of this section.The department, or any district attorney upon informing thedepartment, may, on behalf of the state, do any of the following:

(a) Bring an action for temporary or permanent injunctiverelief in any court of competent jurisdiction for any violation ofthis section. The relief sought by the department or district attor-ney may include the payment by a promoter into an escrowaccount of an amount estimated to be sufficient to pay for ticketrefunds. The court may, upon entry of final judgment, award resti-tution when appropriate to any person suffering loss because ofviolations of this section if proof of such loss is submitted to thesatisfaction of the court.

(b) Bring an action in any court of competent jurisdiction forthe recovery of a civil forfeiture against any person who violatesthis section in an amount not less than $50 nor more than $200 foreach violation.

History: 1991 a. 121; 1995 a. 27; 1997 a. 111 s. 8; Stats. 1997 s. 100.173.

100.174 Mail−order sales regulated. (1) In this section:

(a) “Buyer” means an individual who:

1. Is a resident of this state; and

2. While located in this state, receives a solicitation and ordersgoods from a seller for personal, family or household purposes.

(b) “Delivery period” means the time period clearly disclosedto the buyer in the solicitation for a mail order within which theordered goods are to be shipped or, if there is no such disclosure,30 days after the date of payment for the ordered goods.

(c) “Extended delivery period” means the extended periodauthorized under sub. (3).

(d) “Mail order” means an order of goods by a buyer which theseller solicits and receives payment for without any face−to−facecontact between the buyer and the seller.

(e) “Payment” means:

1. Receipt by the seller of full or partial payment in the formof cash, check, money order or the like for a mail order; or

2. In a credit sale, the receipt by the seller of the informationand authorization necessary to process the credit sale.

(f) “Seller” means a person who engages in mail−order solici-tations, and includes representatives, employees or agents of aseller, however designated by the seller.

(g) “Shipped” and “shipping” mean:

1. Delivery to the buyer or the buyer’s designee;

2. Delivery to a 3rd−party carrier for delivery to the buyer orthe buyer’s designee; or

3. Delivery to a place clearly disclosed in the solicitationalong with notice to the buyer or the buyer’s designee of the arrivalof the goods.

(2) It is unlawful for a mail−order seller who receives paymentfrom a buyer to permit the delivery period or extended deliveryperiod, if any to elapse without complying with one of the follow-ing:

(a) Shipping the ordered goods.

(b) Mailing a full refund to the buyer and nullifying any finan-cial obligation incurred by the buyer for any ordered goods notshipped during the delivery period or extended delivery period, ifany. The refund and nullification shall be made within a reason-able time after the seller becomes aware that the goods cannot beshipped within the delivery period or extended delivery period, ifany, but not later than the end of the delivery period or extendeddelivery period, if any.

(c) Mailing the buyer notice as provided by subs. (3) and (4)during the delivery period and shipping the goods or making a fullrefund to and nullifying any obligation of the buyer for goods notshipped within the extended delivery period. The seller shallpromptly make a full refund to and nullify any financial obligationof the buyer for goods not shipped if the seller receives a writtencancellation request from the buyer during the extended deliveryperiod.

(3) If the seller mails a notice which complies with sub. (4) tothe buyer during the delivery period the delivery period may beextended to:

(a) The date specified by the seller in the notice but not laterthan 30 days after the expiration of the delivery period; or

(b) A later date authorized by the buyer in a written statementreceived by the seller within 30 days after the expiration of thedelivery period and prior to cancellation under sub. (2).

(4) The notice required by sub. (3) shall clearly and conspicu-ously inform the buyer:

(a) Of the specific date by which the goods will be shipped orthat the shipping date is unknown.

(b) That if the seller, prior to shipping the goods, receives awritten statement from the buyer requesting cancellation of themail order the mail order will be canceled and the seller willpromptly make a full refund to and nullify any financial obligationof the buyer for goods not shipped.

(c) That if the goods are not shipped by the date specified inthe notice the mail order will be canceled and the seller will makea full refund to and nullify any financial obligation of the buyer forgoods not shipped.

(d) That the delivery period may not be extended beyond 30days unless, within 30 days after the expiration of the deliveryperiod and prior to the cancellation of the mail order under sub.(2), the seller receives written authorization from the buyerextending the delivery period to a specific later date.

(5) The department or any district attorney may on behalf ofthe state:

(a) Bring an action for temporary or permanent injunctive orother relief in any circuit court for any violation of this section.The court may, in its discretion, make any order or judgment nec-essary to restore to any person any pecuniary loss sufferedbecause of a violation of this section, if proof of the loss is sub-mitted to the satisfaction of the court.

(b) Bring an action in any circuit court for the recovery of acivil forfeiture against any person who violates this section in anamount of not less than $100 nor more than $1,000 for each viola-tion.

(6) The department shall investigate violations of and enforcethis section.

(7) In addition to any other remedies provided by law, any per-son suffering a pecuniary loss because of a violation of this sectionmay bring a civil action in any circuit court to recover twice theamount of the pecuniary loss, together with costs and disburse-ments, including reasonable attorney fees, and for equitable reliefas determined by the court.

(8) Any waiver by a buyer of the rights provided by this sec-tion is void.

History: 1979 c. 62; 1995 a. 27; 1997 a. 111 s. 29; Stats. 1997 s. 100.174; 2005a. 253.

100.175 Dating service contracts. (1) In this section,“dating service” means a service that purports to assist a person
























in obtaining friendship or companionship through a program inwhich a person is provided an opportunity to meet other persons.

(2) The seller of dating services shall give the buyer a copy ofthe written contract at the time that the buyer signs the contract.

(3) Every contract for a dating service shall contain all of thefollowing:

(a) A caption printed in boldface, uppercase type of not lessthan 10−point size entitled “CANCELLATION ANDREFUNDS”.

(b) A provision under the caption stating: “RIGHT TO CANCEL.

You are permitted to cancel this contract until midnight of the 3rdday after the date on which you signed the contract. If within thistime period you decide you want to cancel this contract, you maydo so by notifying.... (the seller) by any writing mailed or deliv-ered to.... (the seller) at the address shown on the contract, withinthe previously described time period. If you do so cancel, any pay-ments made by you will be refunded within 21 days after noticeof cancellation is delivered, and any evidence of any indebtednessexecuted by you will be canceled by.... (the seller) and arrange-ments will be made to relieve you of any further obligation to paythe same.”

(4) Every contract for dating services shall be for a specifiedlength of time not exceeding 2 years and shall clearly disclose thefull price of the buyer’s contractual obligation including any inter-est or other charges.

(5) (a) No person may collect or by contract require a buyerto pay more than $100 for dating services before the buyerreceives or has the opportunity to receive those services unless theperson selling dating services establishes proof of financialresponsibility by maintaining any of the following commitmentsapproved by the department in an amount not less than $25,000:

1. A bond.

2. A certificate of deposit.

3. An established escrow account.

4. An irrevocable letter of credit.

(b) The commitment described in par. (a) shall be establishedin favor of or made payable to the state, for the benefit of any buyerwho does not receive a refund under the contractual provisiondescribed in sub. (3). The person selling dating services shall filewith the department any agreement, instrument or other documentnecessary to enforce the commitment against the person sellingdating services or any relevant 3rd party, or both.

(6) Any contract for a dating service is unenforceable againstthe buyer and is a violation of this section if the contract does notcomply with the requirements of this section or the seller fails toperform in accordance with the contractual provisions requiredunder this section.

(7) (a) The department or any district attorney may on behalfof the state:

1. Bring an action for temporary or permanent injunctive orother relief in any court of competent jurisdiction for any violationof this section. The court may in its discretion, upon entry of finaljudgment, award restitution when appropriate to any person suf-fering loss because of violations of this section if proof of suchloss is submitted to the satisfaction of the court.

2. Bring an action in any court of competent jurisdiction forthe recovery of civil forfeitures against any person who violatesthis section in an amount not less than $100 nor more than $10,000for each violation.

(b) The department may bring an action in circuit court torecover on a financial commitment maintained under sub. (5)against a person selling dating services or relevant 3rd party, orboth, on behalf of any buyer who does not receive a refund dueunder the contractual provision described in sub. (3).

(c) Any person injured by a breach of a contract for dating ser-vices may bring a civil action to recover damages together with

costs and disbursements, including reasonable attorney fees, andsuch other equitable relief as may be determined by the court.

History: 1993 a. 390; 1995 a. 27; 1997 a. 111 s. 25; Stats. 1997 s. 100.175.

100.177 Fitness center and weight reduction centercontracts. (1) In this section:

(ag) “Center” means a fitness center or a weight reduction cen-ter.

(am) “Conspicuous” has the meaning designated under s.421.301 (8).

(b) “Contract for center services” or “contract” means any ofthe following:

1. A contract for membership in any center.

2. A contract for instruction, training, assistance or use offacilities primarily for physical exercise, in weight control, or infigure development.

3. A contract for instruction, supervision or counseling fordiet or weight loss or maintenance.

(c) “Fitness center” means an establishment that, for profit,provides as its primary purpose services or facilities that are pur-ported to assist patrons in physical exercise, in weight control, orin figure development, including but not limited to a fitness center,studio, salon or club. “Fitness center” does not include an orga-nization solely offering training or facilities in an individual sportor a weight reduction center.

(d) “Operating day” means any calendar day on which thebuyer may inspect and use the facilities and services of the centerduring a period of at least 8 hours.

(e) “Weight reduction center” means an establishment thatprovides as its primary purpose instruction, supervision or coun-seling for diet or weight loss or maintenance, if physical exerciseservices are not provided on the premises.

(2) The seller shall give the buyer a copy of the written con-tract at the time the buyer signs the contract.

(3) Every contract for center services shall clearly and con-spicuously disclose the identity and location of the center facilitiesavailable to the buyer. The contract shall disclose the generalnature of each major facility and service that will be availableincluding any conditions or restrictions on their use. The disclo-sures under this subsection may be made on a separate sheet pro-vided to the buyer at the time the buyer signs the contract. If afacility or service is replaced by an equal or superior facility or ser-vice, the center is deemed in compliance with this subsection.

(4) Every contract for fitness center services shall provide thatperformance of all of the agreed upon facilities and services willbe available for the buyer’s use on a specified date no later than6 months after the date the contract is signed by the buyer.

(5) Every contract for fitness center services shall be for aspecified length of time not exceeding 2 years and shall clearlydisclose the full price of the buyer’s contractual obligation includ-ing any interest or other charges.

(5m) Every contract for weight reduction center services shallbe for a specified length of time not exceeding 2 years exclusiveof any weight maintenance program. If the contract for weightreduction center services includes a weight maintenance program,the contract for weight reduction center services shall be for aspecified length of time not exceeding 3 years. The contract forweight reduction center services shall clearly disclose the fullprice of the buyer’s contractual obligation including any interestor other charges.

(6) Every contract for fitness center service shall contain:

(a) A caption printed in boldface uppercase type of not lessthan 10−point size entitled “CANCELLATION ANDREFUNDS”.

(b) A provision under the caption stating: “Right to Cancel. You are permitted to cancel this contract until midnight of the 3rdoperating day after the date on which you signed the contract. If













the facilities or services that are described in the contract are notavailable at the time you sign the contract, you have until midnightof the 3rd operating day after the day on which you received noticeof their availability, to cancel the contract. If within this timeperiod you decide you want to cancel this contract, you may do soby notifying .... (the seller) by any writing mailed or delivered to.... (the seller) at the address shown on the contract, within the pre-viously described time period. If you do so cancel, any paymentsmade by you, less a user fee of no more than $3 per day of actualuse, will be refunded within 21 days after notice of cancellationis delivered, and any evidence of any indebtedness executed byyou will be canceled by .... (the seller) and arrangements will bemade to relieve you of any further obligation to pay the same.”

(6m) Every contract for weight reduction center service shallcontain:

(a) A caption printed in boldface uppercase type of not lessthan 10−point size entitled “CANCELLATION ANDREFUNDS”.

(b) A provision under the caption stating: “Right to Cancel.You are permitted to cancel this contract until midnight of the 3rdoperating day after the date on which you signed the contract. Ifthe facilities or services that are described in the contract are notavailable at the time you sign the contract, you have until midnightof the 3rd operating day after the day on which you received noticeof their availability, to cancel the contract. If within this timeperiod you decide you want to cancel this contract, you may do soby notifying.... (the seller) by any writing mailed or delivered to....(the seller) at the address shown on the contract, within the pre-viously described time period. If you do so cancel, any paymentsmade by you, less the value of services already provided to you,will be refunded within 21 days after notice of cancellation isdelivered, and any evidence of any indebtedness executed by youwill be canceled by.... (the seller) and arrangements will be madeto relieve you of any further obligation to pay the same.”

(7) If, at the time of execution of the center services contract,the facilities and services described in the contract are availablefor the buyer’s use, the contract may include the written notice thatthe facilities and services are available as required by subs. (6) and(6m).

(8) No contract may require the buyer to pay more than $25or 10 percent of the total contract price, whichever is less, prior tothe date on which the customer receives written notice that thefacilities and services described in the contract are available forfull use by the buyer.

(9) No contract for fitness center services may require a buyerwho exercises the contractual right to cancel to pay more than a$3 user fee per day of actual use of facilities and services by thebuyer during the cancellation period. No contract for weightreduction center services may require a buyer who exercises thecontractual right to cancel to pay more than the value of servicesprovided before cancellation.

(10) Any right of action or defense arising out of a contract forcenter services that the buyer has against the seller is preservedagainst any assignee of or successor to the contract.

(11) (a) Every contract for center services shall provide thatif any of the facilities or services described in the contract becomeunavailable or are no longer fully operational, before full receiptof the services and use of facilities for which the buyer contracted,the buyer is liable for only that portion of the total considerationproportional to the elapsed time portion of the contract at the timeof the unavailability. The buyer is entitled to a refund of any otherfunds already paid.

(b) A buyer has the option, in lieu of the proportional refundprovided in par. (a), to choose to complete the unused portion ofthe contract including any renewal periods at the price disclosedin accordance with sub. (5) at another location which is owned,controlled, affiliated with or operated by the seller. Any suchmodification of the contract must be made in writing and may onlymodify the terms of the contract required under sub. (3) concern-

ing the unavailable or no longer fully operational facilities or ser-vices.

(c) Nothing in this subsection shall restrict a center’s ability to:

1. Perform regular maintenance or make prompt equipmentrepairs.

2. Make improvements to the facilities or services.

3. Replace a facility or service with a superior facility or ser-vice.

(12) Every contract for center services shall provide that if thebuyer is unable to make use of or receive the center services con-tracted for because of death or disability, the buyer is liable foronly that portion of the total consideration proportional to theelapsed time portion of the contract at the time of the death or dis-ability.

(13) (a) Subject to sub. (8), no center may collect or by con-tract require a buyer to pay more than $100 for center servicesbefore the buyer receives or has the opportunity to receive thoseservices unless the center establishes, for each center location,proof of financial responsibility as described in par. (b).

(b) 1. Except as provided in subd. 3., a center may establishproof of financial responsibility required under par. (a) by main-taining an established escrow account approved by the depart-ment for all amounts received from buyers in advance of thereceipt of services or by maintaining any of the following commit-ments approved by the department in an amount not less than$25,000, subject to subd. 2.:

a. A bond.

b. A certificate of deposit.

d. An irrevocable letter of credit.

2. The commitment described in subd. 1. shall be establishedin favor of or made payable to the state, for the benefit of any buyerwho does not receive a refund under sub. (11) (a). The center shallfile with the department any agreement, instrument or other docu-ment necessary to enforce the commitment against the center orany relevant 3rd party, or both.

3. For 6 or more weight reduction centers owned or operatedunder the same trade name, the amount of the financial commit-ment under pars. (a) and (b) for those weight reduction centers isnot required to exceed a total of $150,000. For a weight reductioncenter that submits to the department evidence satisfactory to thedepartment that the weight reduction center collected a total of$50,000 or more but less than $100,000 from buyers of its centerservices in the previous calendar year, the amount of the financialcommitment under pars. (a) and (b) is not required to exceed$10,000. For a weight reduction center that submits to the depart-ment evidence satisfactory to the department that the weightreduction center collected less than a total of $50,000 from buyersof its center services in the previous calendar year, the amount ofthe financial commitment under pars. (a) and (b) is not requiredto exceed $5,000.

(14) Any contract for center services is unenforceable againstthe buyer and is a violation of this section if:

(a) The buyer entered into the contract in reliance upon anyfalse, fraudulent, deceptive or misleading information, represen-tation, notice or advertisement.

(b) The contract does not comply with the requirements of thissection.

(c) The seller fails to perform in accordance with the contrac-tual provisions under this section.

(d) The contract contains a provision in which the buyer agreesto waive the requirements of this section.

(15) (a) The department shall investigate violations of thissection or s. 100.178 (2) or (4). The department may on behalf ofthe state:

1. Bring an action for temporary or permanent injunctive orother relief in any court of competent jurisdiction for any violationof this section or s. 100.178 (2) or (4). The court may in its discre-tion, upon entry of final judgment, award restitution when appro-


https://docs.legis.wisconsin.gov/document/statutes/100.177(6m)






https://docs.legis.wisconsin.gov/document/statutes/100.177(13)(b)3.


















priate to any person suffering loss because of violations of thissection if proof of such loss is submitted to the satisfaction of thecourt.

2. Bring an action in any court of competent jurisdiction forthe recovery of civil forfeitures against any person who violatesthis section or s. 100.178 (2) or (4) in an amount not less than $100nor more than $10,000 for each violation.

(am) The department may bring an action in circuit court torecover on a financial commitment maintained under sub. (13)against a center or relevant 3rd party, or both, on behalf of anybuyer who does not receive a refund due under sub. (11) (a).

(b) In addition to the remedies otherwise provided by law, anyperson injured by a violation of this section may bring a civilaction for damages under s. 100.20 (5). Any person injured by abreach of a contract for center services may bring a civil action torecover damages together with costs and disbursements, includ-ing reasonable attorney fees, and such other equitable relief asmay be determined by the court.

History: 1977 c. 276; 1987 a. 385; 1991 a. 247; 1993 a. 239; 1995 a. 27; 1997 a.111 s. 26; Stats. 1997 s. 100.177.

100.178 Fitness center staff requirements. (1) In thissection:

(b) Notwithstanding s. 93.01 (3), “department” means thedepartment of health services.

(c) “Fitness center” has the meaning given under s. 100.177 (1)(c).

(d) “Institution of higher education” has the meaning givenunder s. 39.32 (1) (a).

(2) A fitness center shall do any of the following:

(a) At all times during which the fitness center is open and itsfacilities and services are available for use, have present on thepremises of the fitness center at least one employee who has satis-factorily completed a course or courses in basic first aid and basiccardiopulmonary resuscitation taught by an individual, organiza-tion, or institution of higher education approved by the depart-ment and at least one employee who has current proficiency in theuse of an automated external defibrillator achieved throughinstruction provided by an individual, organization, or institutionof higher education that is approved under s. 46.03 (38) to providesuch instruction.

(b) Ensure that each of its employees, within 90 days after hire,satisfactorily completes at least one course in basic first aid andbasic cardiopulmonary resuscitation taught by an individual,organization, or institution of higher education approved by thedepartment and has current proficiency in the use of an automatedexternal defibrillator achieved through instruction provided by anindividual, organization, or institution of higher education that isapproved under s. 46.03 (38) to provide such instruction.

(4) A fitness center shall post a notice or notices on its prem-ises stating the requirements of sub. (2) and the penalty for a viola-tion of sub. (2) under s. 100.177 (15) (a). The notice shall complywith the rules promulgated by the department under sub. (5) (d).

(5) The department shall promulgate rules establishing all ofthe following:

(a) The minimum standards for the qualifications and trainingof an individual, including an individual associated with an orga-nization or institution of higher education, who teaches basic firstaid or basic cardiopulmonary resuscitation to fitness centeremployees under sub. (2).

(b) The minimum hours of instruction and general content ofthe basic first aid and basic cardiopulmonary resuscitation coursestaught to fitness center employees under sub. (2).

(c) Procedures governing the department’s approval of indi-viduals, organizations and institutions meeting the standardsestablished under pars. (a) and (b).

(d) Specifications for the notice required under sub. (4) includ-ing:

1. Dimensions.

2. Print size or type.

3. The location or locations where the notice must be postedon the fitness center premises.

(7) A violation of sub. (2) or (4) is subject to s. 100.177 (15)(a). This subsection or s. 100.177 (15) (a) does not preclude a per-son injured as a result of a violation of this section from pursuingany other available equitable or legal relief.

History: 1987 a. 385; 1995 a. 27 s. 9126 (19); 1997 a. 111 s. 27; Stats. 1997 s.100.178; 2007 a. 20 s. 9121 (6) (a); 2007 a. 104.

Cross−reference: See also ch. DHS 174, Wis. adm. code.

100.18 Fraudulent representations. (1) No person, firm,corporation or association, or agent or employee thereof, withintent to sell, distribute, increase the consumption of or in any wisedispose of any real estate, merchandise, securities, employment,service, or anything offered by such person, firm, corporation orassociation, or agent or employee thereof, directly or indirectly, tothe public for sale, hire, use or other distribution, or with intent toinduce the public in any manner to enter into any contract or obli-gation relating to the purchase, sale, hire, use or lease of any realestate, merchandise, securities, employment or service, shallmake, publish, disseminate, circulate, or place before the public,or cause, directly or indirectly, to be made, published, dissemi-nated, circulated, or placed before the public, in this state, in anewspaper, magazine or other publication, or in the form of abook, notice, handbill, poster, bill, circular, pamphlet, letter, sign,placard, card, label, or over any radio or television station, or inany other way similar or dissimilar to the foregoing, an advertise-ment, announcement, statement or representation of any kind tothe public relating to such purchase, sale, hire, use or lease of suchreal estate, merchandise, securities, service or employment or tothe terms or conditions thereof, which advertisement, announce-ment, statement or representation contains any assertion, repre-sentation or statement of fact which is untrue, deceptive or mis-leading.

(2) (a) In advertising or otherwise representing the sale or fur-nishing of any property or services combined with or conditionedon the purchase of any other property or services described in suchadvertisement or other representation, it is deceptive for a retailerto:

1. Fail to state the price or amount which must be paid for theproperty or services included in such sale, along with any othercondition to the receipt of such property or services, if the adver-tisement or representation does not refer to the price of the prop-erty or services as the “regular price”. The price or amount whichmust be paid shall be set forth clearly, conspicuously and in suchmanner that the total price or amount to be paid may be readilyascertained.

2. Sell the property or services at more than the regular priceor fail to state any other condition to the receipt of the property orservices included in the sale, if the advertisement or representa-tion refers to the price of the property or services as the “regularprice”.

3. Mark up the regular price of the property or services whichmust be purchased.

4. Substitute property or services of inferior value or qualityfor the property or services which must be purchased.

(b) This subsection does not apply to advertisements or repre-sentations concerning custom−made property.

(c) In this subsection, “regular price” means the lowest pricefor the same quantity and quality of product or the same services,at which the seller or advertiser of the product or services openlyand actively sold the product or services in the geographic tradearea of the advertisement or representation during the seller’s oradvertiser’s most recent and regular 30−day course of business.

(3) It shall be deemed deceptive advertising, within the mean-ing of this section, for any person, firm or corporation, engagedin the business of buying or selling new or secondhand furs, wear-ing apparel, jewelry, furniture, pianos, phonographs, or other










































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musical instruments, motor vehicles, stocks, or generally anyform of property, real, personal or mixed, or in the business of fur-nishing any kind of service or investment, to advertise such arti-cles, property or service for sale or purchase, in any manner indi-cating that the sale or purchase is being made by a private partyor householder not engaged in such business. And every suchfirm, corporation or association, engaged in any such business, inadvertising goods, property or service for sale or purchase, shallaffirmatively and unmistakably indicate and state that the seller orpurchaser is a business concern and not a private party.

(3m) It is deceptive advertising to represent the retailing ofmerchandise to be a selling−out or closing−out sale if the mer-chandise is not of a bankrupt, insolvent, assignee, liquidator,adjuster, trustee, personal representative, receiver, wholesaler,jobber, manufacturer, or of any business that is in liquidation, thatis closing out, closing, or disposing of its stock, that has lost itslease or has been or is being forced out of business, or that is dis-posing of stock on hand because of damage by fire, water, orsmoke. This subsection does not apply to any “closing−out sale”of seasonal merchandise or any merchandise having a designatedmodel year if the person conducting the sale is continuing in busi-ness.

(5) Any person, firm, corporation or association engaged inany business mentioned in sub. (3), or in any other kind of busi-ness, whether conducting such business in a store, business block,residence or other building, shall at all times keep a conspicuoussign posted on the outside of his or her establishment and anotherconspicuous sign in the salesroom, which sign shall clearly statethe name of the association, corporation or individual who actu-ally owns said merchandise, property or service which is beingoffered to the public and not the name of any other person; pro-vided, however, that the exterior sign shall not be required wherethe seller has no control over the exterior of the premises wheresuch business is conducted.

(6) (a) All advertising that shows or in any manner relates tothe price at which motor fuel is offered for sale at retail, exceptmultiple gallon computers attached to or forming a part of any dis-pensing equipment, shall show only one of the following:

1. The single gallon unit price including all applicable taxesin one amount, except that a person who sells less than 15,000 gal-lons of motor fuel in this state per year may show the half−gallonunit price including all applicable taxes in one amount.

2. The single gallon product price, the taxes applicable to theproduct price, and the total single gallon unit price including allapplicable taxes, except that a person who sells less than 15,000gallons of motor fuel in this state per year may show the half−gal-lon product price, the taxes applicable to the product price, and thetotal half−gallon unit price including all applicable taxes.

(b) In any advertising under this subsection, all numerals thatrepresent either price or taxes shall be of the same type and sizeexcept that fractions of a cent shall be shown in figures one−halfthe height, width, and prominence of the whole numbers.

(8) Every wholesaler and every other person selling or dis-tributing motor fuel in this state shall keep posted in a conspicuousplace, most accessible to the public at his or her place of business,and on every pump from which delivery is made directly into thefuel tank attached to a motor vehicle, a placard showing the netselling price per gallon of all grades of motor fuel and the amountof all taxes per gallon on all grades of motor fuel, except that a per-son who sells or distributes less than 15,000 gallons of motor fuelin this state per year may show the net selling price and amountof taxes per half−gallon. On pumps or other dispensing equipmentfrom which motor fuel is sold and delivered directly into fuel sup-ply tanks attached to motor vehicles, the posting under this sub-section shall be in figures not less than one inch high, except thatno placard shall be required on a computer pump on which thetotal net selling price per gallon or half−gallon including all taxesis legibly shown on its face. Except for sales to drivers of motorvehicles used by physically disabled persons under s. 100.51 (5),all sales shall be made at the posted price. Delivery slips shall also

show the net selling price per gallon of all grades of motor fuel andthe amount of all taxes per gallon on all grades of motor fuel,except that a person who sells or distributes less than 15,000 gal-lons of motor fuel in this state per year may show the net sellingprice and amount of taxes per half−gallon. If the wholesaler orperson has more than one place of business in this state, the whole-saler or person shall post the placard required under this subsec-tion at all of his or her places of business. All prices posted shallremain in effect for at least 24 hours after they are posted. It shallbe considered deceptive advertising to advertise or represent inany manner the price of motor fuel offered for sale at retail to beless than the price posted on each pump.

(9) (a) It is deemed deceptive advertising, within the meaningof this section, for any person or any agent or employee thereof tomake, publish, disseminate, circulate or place before the public inthis state in a newspaper or other publication or in the form ofbook, notice, handbill, poster, bill, circular, pamphlet, letter, sign,placard, card, label or over any radio or television station or in anyother way similar or dissimilar to the foregoing, an advertisement,announcement, statement or representation of any kind to the pub-lic relating to the purchase, sale, hire, use or lease of real estate,merchandise, securities, service or employment or to the terms orconditions thereof which advertisement, announcement, state-ment or representation is part of a plan or scheme the purpose oreffect of which is not to sell, purchase, hire, use or lease the realestate, merchandise, securities, service or employment as adver-tised.

(b) This section does not apply to the owner, publisher, printer,agent or employee of a newspaper or other publication, periodicalor circular, or of a radio or television station, who in good faith andwithout knowledge of the falsity or deceptive character thereof,publishes, causes to be published or takes part in the publicationof such advertisement.

(9m) It is deemed deceptive advertising to misrepresent thenature of a local energy resource system under s. 101.175.

(10) (a) It is deceptive to misrepresent the nature of any busi-ness by use of the words manufacturer, factory, mill, importer,wholesaler or words of similar meaning, in a corporate or tradename or otherwise.

(b) It is deceptive to represent the price of any merchandise asa manufacturer’s or wholesaler’s price, or a price equal thereto,unless the price is not more than the price which retailers regularlypay for the merchandise. The effective date of this subsectionshall be January 1, 1962.

(10m) It is deceptive or misleading advertising for a personwho sells new motor vehicles to compare new motor vehicle sel-ling prices, including the offered prices or the actual sale prices,to the manufacturer’s suggested retail price for that vehicle unlessit is clearly and conspicuously disclosed that the latter price is amanufacturer’s suggested retail price and may not represent actualsale prices.

(10r) It is deceptive and misleading for a person who is con-ducting business in a community or region from a location outsidethat community or region to use the name of the community orregion, or other description of the community or region, in the cor-porate or trade name of the business or in any other informationthat is published if the use of the name or description of the loca-tion creates the misrepresentation that the business is located inthe community or region.

(11) (a) The department of agriculture, trade and consumerprotection shall enforce this section. Actions to enjoin violationof this section or any regulations thereunder may be commencedand prosecuted by the department in the name of the state in anycourt having equity jurisdiction. This remedy is not exclusive.

(b) 2. Any person suffering pecuniary loss because of a viola-tion of this section by any other person may sue in any court ofcompetent jurisdiction and shall recover such pecuniary loss,together with costs, including reasonable attorney fees, exceptthat no attorney fees may be recovered from a person licensed







under ch. 452 while that person is engaged in real estate practice,as defined in s. 452.01 (6). Any person suffering pecuniary lossbecause of a violation by any other person of any injunction issuedunder this section may sue for damages therefor in any court ofcompetent jurisdiction and shall recover twice the amount of suchpecuniary loss, together with costs, including reasonable attorneyfees, except that no attorney fees may be recovered from a personlicensed under ch. 452 while that person is engaged in real estatepractice, as defined in s. 452.01 (6).

3. No action may be commenced under this section more than3 years after the occurrence of the unlawful act or practice whichis the subject of the action. No injunction may be issued under thissection which would conflict with general or special orders of thedepartment or any statute, rule or regulation of the United Statesor of this state.

(c) 1. Whenever the department has reason to believe that aperson is in possession, custody or control of any information ordocumentary material relevant to the enforcement of this sectionit may require that person to submit a statement or report, underoath or otherwise, as to the facts and circumstances concerningany activity in the course of trade or commerce; examine underoath that person with respect to any activity in the course of tradeor commerce; and execute in writing and cause to be served uponsuch person a civil investigative demand requiring the person toproduce any relevant documentary material for inspection andcopying.

2. The department, in exercising powers under this subsec-tion, may issue subpoenas, administer oaths and conduct hearingsto aid in any investigation.

3. Service of any notice by the department requiring a personto file a statement or report, or service of a subpoena upon a per-son, or service of a civil investigative demand shall be made incompliance with the rules of civil procedure of this state.

4. If a person fails to file any statement or report, or fails tocomply with any civil investigative demand, or fails to obey anysubpoena issued by the department, such person may be coercedas provided in s. 885.12, except that no person shall be requiredto furnish any testimony or evidence under this subsection whichmight tend to incriminate the person.

(d) The department or the department of justice, after consult-ing with the department, or any district attorney, upon informingthe department, may commence an action in circuit court in thename of the state to restrain by temporary or permanent injunctionany violation of this section. The court may in its discretion, priorto entry of final judgment, make such orders or judgments as maybe necessary to restore to any person any pecuniary loss sufferedbecause of the acts or practices involved in the action, providedproof thereof is submitted to the satisfaction of the court. Thedepartment and the department of justice may subpoena personsand require the production of books and other documents, and thedepartment of justice may request the department to exercise itsauthority under par. (c) to aid in the investigation of alleged viola-tions of this section.

(e) In lieu of instituting or continuing an action pursuant to thissection, the department or the department of justice may accept awritten assurance of discontinuance of any act or practice allegedto be a violation of this section from the person who has engagedin such act or practice. The acceptance of such assurance by eitherthe department or the department of justice shall be deemedacceptance by the other state officials enumerated in par. (d) if theterms of the assurance so provide. An assurance entered into pur-suant to this section shall not be considered evidence of a violationof this section, provided that violation of such an assurance shallbe treated as a violation of this section, and shall be subjected toall the penalties and remedies provided therefor.

(12) (a) This section does not apply to the insurance business.

(b) This section does not apply to a person licensed as a brokeror salesperson under s. 452.09 while that person is engaged in realestate practice, as defined in s. 452.01 (6), unless that person has

directly made, published, disseminated, circulated or placedbefore the public an assertion, representation or statement of factwith the knowledge that the assertion, representation or statementof fact is untrue, deceptive or misleading.

History: 1977 c. 29 s. 1650m (4); 1979 c. 89, 327, 350; 1981 c. 351; 1983 a. 215;1985 a. 284, 332; 1989 a. 31; 1991 a. 278; 1993 a. 158, 492; 1995 a. 27, 179; 1997a. 111, 201; 2001 a. 102; 2003 a. 326; 2017 a. 22.

Cross−reference: See s. 136.001 (2) concerning future service plans.Sub. (1) applies to oral representations made in private conversations to prospec-

tive purchasers. State v. Automatic Merchandisers of America, Inc., 64 Wis. 2d 659,221 N.W.2d 683 (1974). See also Hinrichs v. DOW Chemical Co., 2020 WI 2, 389Wis. 2d 669, 937 N.W.2d 37, 17−2361.

A complaint alleging deceptive advertising contrary to sub. (1) stated a cause ofaction not only against the corporate defendant but against its officer personally whenthe complaint’s use of the word “continue” indicated reference to both past and futureconduct and when use of the word “defendants” referred to both the corporation andits officer. State v. Advance Marketing Consultants, Inc., 66 Wis. 2d 706, 225 N.W.2d887 (1975).

Sub. (2) is constitutional. State v. Amoco Oil Co., 97 Wis. 2d 226, 293 N.W.2d 487(1980).

The state may join as parties defendant assignees of contracts allegedly obtainedby deceptive practices, even though the assignees did not engage in deception. Statev. Excel Management Services, 111 Wis. 2d 479, 331 N.W.2d 312 (1983).

A consumer is protected from untrue, deceptive, or misleading representationsmade to promote the sale of a product. Advertising need not be involved. Bonn v.Haubrich, 123 Wis. 2d 168, 366 N.W.2d 503 (Ct. App. 1985).

Subs. (1) and (9) (a) require that a complaint do more than merely state that therewere incentives to sell a more expensive product: it must allege instances of prohib-ited conduct to withstand a motion to dismiss. State v. American TV, 146 Wis. 2d 292,430 N.W.2d 709 (1988). See also Meyer v. The Laser Vision Institute, LLC, 2006 WIApp 70, 290 Wis. 2d 764, 714 N.W.2d 223, 05−1233.

A party prevailing on appeal is entitled to reasonable appellate attorney fees. Rad-ford v. J.J.B. Enterprises, Ltd., 163 Wis. 2d 534, 472 N.W.2d 790 (Ct. App. 1991).

The statute of limitations under sub. (11) (b) 3. commences at the time of the actor transaction, not on the date of discovery. Skrupky v. Elbert, 189 Wis. 2d 31, 526N.W.2d 264 (Ct. App. 1994).

When a claim of negligent representation was fully tried, it was not necessary thata claim under this section should have been pleaded in order for the plaintiff to asserta post−verdict claim for attorney fees under sub. (11) (b) 2. Gorton v. American Cya-namid Co., 194 Wis. 2d 203, 533 N.W.2d 746 (1995).

An award of reasonable attorney fees under this section belongs to the person suf-fering the pecuniary loss, not the attorney. However, the ultimate ownership of theaward may be controlled by the parties’ fee agreement. Gorton v. Hostak, Henzl &Bichler, S.C., 217 Wis. 2d 493, 577 N.W.2d 617 (1998), 96−2776.

Sub. (11) (b) 3. is a statute of repose. A cause of action must be commenced withinthree years of the false representation regardless of when the resulting injury is dis-covered. Kain v. Bluemound East Industrial Park, Inc., 2001 WI App 230, 248 Wis.2d 172, 635 N.W.2d 640, 00−2250.

This section provides a cause of action and remedies separate from common lawclaims of intentional misrepresentation, strict liability misrepresentation, and negli-gent misrepresentation. Kailin v. Armstrong, 2002 WI App 70, 252 Wis. 2d 676, 643N.W.2d 132, 01−1152.

A statement made to one person may constitute a statement made to “the public”under this section. Once a contract was made, buyers are no longer “the public.” Thesection is aimed at untrue, deceptive, or misleading statements made to induce certainactions. Statements made by the seller after a person entered into a contract to pur-chase do not cause the person to make the purchase or enter into the contract. Kailinv. Armstrong, 2002 WI App 70, 252 Wis. 2d 676, 643 N.W.2d 132, 01−1152. See alsoHinrichs v. DOW Chemical Co., 2020 WI 2, 389 Wis. 2d 669, 937 N.W.2d 37,17−2361.

The elements of a viable claim under this section are: 1) the defendant advertisedthe product; 2) the advertising was misleading; and 3) the plaintiff suffered pecuniaryloss as a result of the misleading advertising. Tietsworth v. Harley−Davidson, Inc.,2003 WI App 75, 261 Wis. 2d 755, 661 N.W.2d 450, 02−1034.

That the sellers themselves did not make any representations to the buyers withrespect to the property sold and that the buyers cannot hold real estate agents liableunder this section for misrepresentations the agents do not know are untrue does notrequire that the sellers cannot be held statutorily liable for the representations. Riccov. Riva, 2003 WI App 182, 266 Wis. 2d 696, 669 N.W.2d 193, 02−2621.

A general statement that one’s products are best is not actionable as a misrepresen-tation of fact and cannot support a claim under this section. “Premium quality”equates to “the best,” and is squarely within the definition of puffery. The term “mas-terpiece” is arguably more precise than “the best,” insofar as it connotes a specificengineering achievement, but this does not move the term out of the domain of puf-fery. Tietsworth v. Harley−Davidson, Inc., 2004 WI 32, 270 Wis. 2d 146, 677 N.W.2d233, 02−1034.

When the statutory background of this section and s. 100.183 is considered, itbecomes clear that the legislature does not intend “merchandise” in this section toinclude articles of food. The only sanction for violating s. 100.183 is the criminal pen-alty specified in s. 100.26 (1) while sub. (1) is amenable to only civil remedies andcannot be enforced via a criminal prosecution. Gallego v. Wal−Mart Stores, Inc.,2005 WI App 244, 288 Wis. 2d 229, 707 N.W.2d 539, 04−2533.

A plaintiff remains a member of “the public” under this section unless a particularrelationship exists between him or her and the defendant, the existence of which willdepend upon its own peculiar facts and circumstances and must be tested by the stat-ute in the light of those facts and circumstances. In this case, whether the plaintiff wasa member of the public presented a question of fact. K&S Tool & Die Corp. v. Perfec-tion Machinery Sales, Inc., 2007 WI 70, 301 Wis. 2d 109, 732 N.W.2d 792, 05−2148.

Although the reasonableness of a plaintiff’s reliance may be relevant in consider-ing whether the representation materially induced the plaintiff’s pecuniary loss, theplaintiff does not have the burden of proving reasonable reliance. K&S Tool & DieCorp. v. Perfection Machinery Sales, Inc., 2007 WI 70, 301 Wis. 2d 109, 732 N.W.2d792, 05−2148.

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A plaintiff is not required to prove reasonable reliance as an element of a misrepre-sentation claim under this section, but the reasonableness of a plaintiff’s reliance maybe relevant in considering whether the representation materially induced (caused) theplaintiff to sustain a loss. The reasonableness of a person’s actions in relying on repre-sentations is a defense and may be considered by a jury in determining cause. A courtmay determine that the representation did not materially induce the plaintiff’s deci-sion to act and that the plaintiff would have acted in the absence of the representation.Novell v. Migliaccio, 2008 WI 44, 309 Wis. 2d 132, 749 N.W.2d 544, 05−2852.

A nondisclosure is not an assertion, representation, or statement of fact under sub.(1), and silence is insufficient to support a claim under sub. (1). Goudy v. YamahaMotor Corporation, USA, 2010 WI App 55, 324 Wis. 2d 441, 782 N.W.2d 114,09−0617.

A reasonable jury could find that painting over evidence of a leaky basement wasa representation that a basement did not leak. Any conduct capable of being turnedinto a statement of fact is a representation. There is no distinction between misrepre-sentations effected by words and misrepresentations effected by other acts. Novellv. Migliaccio, 2010 WI App 67, 325 Wis. 2d 230, 783 N.W.2d 897, 09−1576.

The state had a constitutional right to a jury trial on its claim under sub. (1). Statev. Abbott Laboratories, 2012 WI 62, 341 Wis. 2d 510, 816 N.W.2d 145, 10−0232.

The plain language of the statute shows that statements or representations may beactionable even when contained in bills or other documents not traditionally consid-ered “advertisements.” The statute includes “bill” as an example of a document thatmay contain a deceptive or misleading representation and includes documents “simi-lar or dissimilar” to the enumerated items, so long as that document contains misrep-resentations. MBS−Certified Public Accountants, LLC v. Wisconsin Bell Inc., 2013WI App 14, 346 Wis. 2d 173, 828 N.W.2d 575, 08−1830.

If a party violating this section could defend its actions using the voluntary pay-ment rule, then the broad, remedial purpose of this section would be undermined.MBS−Certified Public Accountants, LLC v. Wisconsin Bell Inc., 2013 WI App 14,346 Wis. 2d 173, 828 N.W.2d 575, 08−1830.

This section does not provide that a plaintiff may recover fees and costs only to theextent that the plaintiff has incurred fees and costs or is contractually obligated to payfees and costs to its counsel. To the contrary, both sub. (11) (b) and Gorton, 217 Wis.2d 493, support the idea that the award of attorney fees based on private counsel’swork was appropriate in this case. State v. Abbott Laboratories, 2013 WI App 31, 346Wis. 2d 565, 829 N.W.2d 753, 10−0232.

A salesperson engages in puffery when he or she gives voice to exaggerations rea-sonably to be expected of a seller as to the degree of quality of a product, the truthor falsity of which cannot be precisely determined. Exaggerations of this sort do notsubject the speaker to liability under this section because they convey only the seller’sopinion and are not capable of being substantiated or refuted. When a salespersonrepresented to a client that a specific problem had been fixed, the salesperson wasmaking a specific, factual statement. That the salesperson may not have been familiarwith the problems prior to the conversation, or had any idea whether they had beenaddressed, does not transform the factual statement into puffery. United Concrete &Construction, Inc. v. Red−D−Mix Concrete, Inc., 2013 WI 72, 349 Wis. 2d 587, 833N.W.2d 714, 11−1566.

Sub. (11) (b) 2. grants the right to recover attorney’s fees to the plaintiff. Conclud-ing that the client’s right to recover statutory attorney’s fees is equitably subrogatedto the attorney once counsel is retained, despite a fee agreement that does not clearlyassign that right, would undermine the legislature’s explicit directive to the contrary.Betz v. Diamond Jim’s Auto Sales, 2014 WI 66, 355 Wis. 2d 301, 849 N.W.2d 885,12−0183.

Based upon this section’s plain language and the deterrent purpose of the statuteas recognized in case law, a “pecuniary loss” can include monetary remedies like thecost of repair or diminution in value and may also include the possibility of a fullrefund of the purchase price. A “pecuniary loss” does not, however, include rescis-sion as a non−monetary remedy. Mueller v. Harry Kaufmann Motorcars, Inc., 2015WI App 8, 359 Wis. 2d 597, 859 N.W.2d 451, 14−0351.

“As is” and exculpatory clauses in a contract did not relieve a property seller of lia-bility under sub. (1) for its deceptive representation in the contract that induced agree-ment to those terms. The fact that the parties were in negotiations over terms whenthe misrepresentation was made did not take the potential purchaser out of the realmof “the public” and outside the coverage of sub. (1). A sub. (1) claim requires proofthat the misrepresentation caused the plaintiff a pecuniary loss. The test to be appliedis whether the plaintiff would have acted in its absence. Fricano v. Bank of AmericaNA, 2016 WI App 11, 366 Wis. 2d 748, 875 N.W.2d 143, 15−0020.

The economic loss doctrine does not serve as a bar to claims made under this sec-tion. Hinrichs v. DOW Chemical Co., 2020 WI 2, 389 Wis. 2d 669, 937 N.W.2d 37,17−2361.

The heightened pleading standard set forth by s. 802.03 (2) for claims of fraud doesnot apply to claims made under this section. Hinrichs v. DOW Chemical Co., 2020WI 2, 389 Wis. 2d 669, 937 N.W.2d 37, 17−2361.

The purpose of this section is to protect the residents of Wisconsin from any untrue,deceptive, or misleading representations made to promote the sale of a product.Nothing in this section supports an interpretation that would render liable any stan-dards−setting organization so long as a manufacturer could show that it lost sales asa result of allegedly inaccurate technical data in the standard. When nothing in a stan-dard published by the standards−setting organization suggested that consumerschoose one product over another and when the standards−setting organization’sactions were not part of a commercial transaction, a claim for a violation of this sec-tion failed. Thermal Design, Incorporated v. American Society of Heating, Refriger-ating and Air−Conditioning Engineers, Inc., 755 F.3d 832 (2014).

This section is reasonably geared toward notice and workable precision and is notso imprecise as to be constitutionally vague. Carpets By The Carload, Inc. v. Warren,368 F. Supp. 1075 (1973).

One person can constitute “the public” under sub. (1). Jersild v. Aker, 775 F. Supp.1198 (1991).

Actual interest payments incurred as a result of misrepresentations may be recov-ered by the defrauded party. Jersild v. Aker, 775 F. Supp. 1198 (1991).

The protections under this section are not restricted to Wisconsin residents. Acause of action under this section requires actual pecuniary loss, not a mere showingof deception. Demitropoulous v. Bank One Milwaukee, 915 F. Supp. 1399 (1996).

There is no indication that the application of this section is restricted to use by con-sumers. Stoughton Trailers, Inc. v. Henkmel Corp., 965 F. Supp. 1227 (1997).

Sub. (11) (b) 3. is a statute of repose to which the discovery rule does not apply.Staudt v. Artifex, 16 F. Supp. 2d 1023 (1998).

Under Wisconsin law the economic loss doctrine does not bar recovery under thissection, and it does bar recovery under s. 895.80, at least under the facts of this case.Dow v. Poltzer, 364 F. Supp. 2d 931 (2005).

While plaintiff, a seller of goods through its Web site, may have been subject tomisrepresentations regarding the source of customers directed to its web site fromdefendants’ Web sites through a “typosquatting scheme,” the misrepresentationscould not be characterized as statements made to the public relating to the purchaseof merchandise and were not subject to this section. Land’s End, Inc. v. Remy, 447F. Supp. 2d 941 (2006).

If the Wisconsin courts had intended to exclude from the law only contracting par-ties as members of the public, it could have stated the rule as whether the parties hada “contracting relationship,” not the more general “particular relationship.” Therewas a “particular relationship” when the plaintiff had an ongoing relationship withdefendant for 13 years, selling as much as $12 million of merchandise in a single year,and thus plaintiff was not a member of the public. Uniek, Inc. v. Dollar General Corp.,474 F. Supp. 2d 1034 (2007).

This section does not explicitly require a misrepresentation to the plaintiff, only to“the public.” However, the question is whether the representation materially inducedthe plaintiff’s decision to act and whether the plaintiff would have acted in theabsence of the representation. Grice Engineering, Inc. v. JG Innovations, Inc., 691F. Supp. 2d 915 (2010).

This section does not provide a cause of action for misrepresentations made tonon−parties; this section is not designed to protect product manufacturers from thedeceptive acts of their competitors. Riddell, Inc. v. Schutt Sports, Inc., 724 F. Supp.2d 963 (2010).

This section applies to only commercial transactions. Thermal Design, Inc. v.American Society of Heating, 775 F. Supp. 2d 1082 (2011).

A nondisclosure of facts, combined with an affirmative representation that isundermined by the non−disclosed facts, may result in liability under sub. (1). In suchsituations, the existence of the undisclosed facts may show that the affirmative repre-sentation is untrue, deceptive, or misleading. Price−related misrepresentations thatthe defendant purportedly made to consumers — namely, that its goods were “regu-larly” priced at certain values — were indeed related to corresponding omissions —namely, that the “regular” prices appearing on the defendant’s goods were not accu-rate. These affirmative representations were actionable representations of fact underthis section. Murillo v. Kohl’s Corp., 197 F. Supp. 3d 1119 (2016).

Sub. (1) is disjunctive, prohibiting “untrue, deceptive, or misleading” representa-tions. Nothing in sub. (1) states that a plaintiff must plead that a representation isuntrue or that it is true but deceptive or misleading. In the same vein, Wisconsin caselaw does not suggest that a plaintiff must allege the representation was literally truebut deceptive or misleading. Wisconsin courts group these three concepts together.Blitz v. Monsanto Co., 317 F. Supp. 3d 1042 (2018).

Substantively, sub. (1) does not appear to require anything different from or addi-tional to a labeling or packaging requirement under the Federal Insecticide, Fungi-cide, and Rodenticide Act (FIFRA), 7 USC 136 et seq. Under Bates, 544 U.S. 431(2005), therefore, the two statutes’ requirements are “equivalent,” and the plaintiff’scause of action under sub. (1) is not preempted by FIFRA. Although a verdict award-ing damages in favor of the plaintiff might well motivate the defendant to change itslabel, such a verdict does not create the kind of legal “requirement” prohibited underFIFRA’s preemption statement. Blitz v. Monsanto Co., 317 F. Supp. 3d 1042 (2018).

The Resurgence of Caveat Emptor: Puffery Undermines the Pro−Consumer Trendin Wisconsin’s Misrepresentation Doctrine. Goretzke. 2003 WLR 171.

Protection for consumers against unfair and deceptive business. Jeffries. 57 MLR559.

Private enforcement of consumer laws in Wisconsin. Waxman. WBB May 1983.Protecting Consumers in the Modern Age: Wisconsin’s Deceptive Trade Practices

Act. Hinkston. Wis. Law. Oct. 2008.Navigating Wisconsin’s Consumer Protection System. Greene. Wis. Law. Sept.

2017.

100.182 Fraudulent drug advertising. (1) In this section,“drug” has the meaning specified in s. 450.01 (10).

(2) No person may advertise the availability of any drug orpublish or circulate such an advertisement with the intent of sel-ling, increasing the consumption of or generating interest in thedrug if the advertisement contains any untrue, deceptive or mis-leading representations material to the effects of the drug.

(3) No person may expressly or impliedly represent that a sub-stance may be used to obtain physical or psychological effectsassociated with the use of a drug in order to promote the sale of thesubstance unless it is lawfully marketed for human consumptionunder the United States food, drug and cosmetic act under 21 USC301 to 392. A representation that the substance is not intended forhuman consumption is not a defense to prosecution for violatingthis subsection.

(4) No person may advertise a drug that the person knows isintentionally manufactured substantially to resemble a controlledsubstance or that the person represents to be of a nature, appear-ance or effect that will allow the recipient to display, sell, deliver,distribute or use the drug as a controlled substance, unless the drugis controlled under ch. 961.

(5) (a) Any district attorney, after informing the department,or the department may seek a temporary or permanent injunction




























































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in circuit court to restrain any violation of this section. Prior toentering a final judgment the court may award damages to any per-son suffering monetary loss because of a violation. The depart-ment may subpoena any person or require the production of anydocument to aid in investigating alleged violations of this section.

(b) In lieu of instituting or continuing an action under this sub-section, the department may accept a written assurance from a vio-lator of this section that the violation has ceased. If the terms ofthe assurance so provide, its acceptance by the department pre-vents all district attorneys from prosecuting the violation. Anassurance is not evidence of a violation of this section but viola-tion of an assurance is subject to the penalties and remedies of vio-lating this section.

History: 1981 c. 90; 1985 a. 146 s. 8; 1995 a. 27, 448.

100.183 Fraud, advertising foods. (1) No person, firm,corporation or association shall, with intent to sell, or increase theconsumption thereof, or create an interest therein, make, publish,disseminate, circulate, or place before the public in this state, orcause, directly or indirectly to be made, published, disseminated,or placed before the public in this state, in a newspaper or otherpublication, or in the form of a book notice, handbill, poster, bill,circular or pamphlet, or in any other manner, an advertisement ofany sort regarding articles of food, which advertisement containsany assertion, representation or statement which is untrue, decep-tive or misleading.

(2) It shall be unlawful to advertise any dairy or other foodproduct which is of a grade or quality inferior to or less valuablethan the usual and ordinary grade established by common under-standing or law for such product, or from which a more valuableportion has been removed, without plainly and conspicuouslystating that the article advertised is below and inferior to the usualand ordinary grade.

(3) No person, for himself or herself or as an agent, shalladvertise at a stated price the sale of turkeys, which have beengraded by the U.S. department of agriculture, unless the federalgrade is set forth in such advertisement in not less than 10−pointtype.

History: 1993 a. 492.When the statutory background of this section and s. 100.18 is considered, it

becomes clear that the legislature does not intend “merchandise” in s. 100.18 toinclude articles of food. The only sanction for violating this section is the criminalpenalty specified in s. 100.26 (1) while s. 100.18 (1) is amenable to only civil reme-dies and cannot be enforced via a criminal prosecution. Gallego v. Wal−Mart Stores,Inc., 2005 WI App 244, 288 Wis. 2d 229, 707 N.W.2d 539, 04−2533.

100.184 Advertising foods for sale. No person shall, him-self or herself, or by a servant or agent, or as the servant or agentof any other person, advertise for sale any article of food in pack-age form when the retail price is mentioned in such advertisementunless the actual weight or volume of the contents of such packageas stated on the label shall be plainly and conspicuously set forthin such advertisement in not less than 5−point type.

History: 1993 a. 492.

100.185 Fraud, advertising musical performances.(1) DEFINITIONS. In this section:

(a) “Performing group” means a vocal or instrumental groupthat intends to advertise or perform under the name of a recordinggroup.

(b) “Recording group” means a vocal or instrumental group towhom all of the following apply:

1. At least one member of the group has released a commer-cial sound recording under the name of a group.

2. The member identified in subd. 1. has a right by virtue ofuse or operation to perform under the name of the group thatreleased the commercial sound recording, and the member has notabandoned the recording group’s name or the member’s affiliationwith the group that released the commercial sound recording.

(c) “Sound recording” means a work that results from the fixa-tion of a series of musical, spoken, or other sounds on a materialobject, including a disc, tape, or other phonorecord.

(2) PRODUCTION. No person may advertise or conduct a livemusical performance or production in this state through the use ofa false, deceptive, or misleading affiliation, connection, or associ-ation between a performing group and a recording group. For pur-poses of this subsection, an advertisement, production, or perfor-mance is not false, deceptive, or misleading if any of the followingapplies:

(a) The performing group is the authorized registrant andowner of a service mark for that group registered in the U.S. patentand trademark office.

(b) At least one member of the performing group was a mem-ber of the recording group.

(c) The live musical performance or production is identifiedin all advertising and promotion as a salute or tribute and the nameof the performing group is not so closely related or similar to thename of the recording group as to be misleading or confusing toa reasonable person.

(d) The performance or production is expressly authorized bythe recording group.

(3) ENFORCEMENT. (a) If the attorney general or a districtattorney has reason to believe that a person is advertising or con-ducting or intends to advertise or conduct a live musical perfor-mance or production in violation of sub. (2), the attorney generalor district attorney may bring an action in the name of the stateagainst the person to restrain the violation by temporary or perma-nent injunction. If a court issues a permanent injunction againsta violation of this section by a defendant, the court may also orderthe defendant to pay to a person injured by the violation anyamounts or property the defendant obtained as a result of the viola-tion.

(b) A court may require a person who violates sub. (2) to forfeitan amount not less than $5,000 nor more than $15,000 per viola-tion. Each performance or production in violation of sub. (2) con-stitutes a separate violation.


100.186 Linseed oil, white lead, zinc oxide, turpentine;standards; sale. (1) No person shall sell as and for “raw flax-seed oil” or “raw linseed oil” any oil unless it is obtained from theseeds of the flax plant and unless it fulfills all the requirements forlinseed oil laid down in the U.S. Pharmacopoeia; or as and for“boiled linseed oil” or “boiled flaxseed oil” any oil unless it hasbeen prepared by heating pure raw linseed oil with or without theaddition of not to exceed 4 percent of drier to a temperature notless than 225 degrees Fahrenheit. It is a violation of this sectionif said boiled linseed oil does not conform to the followingrequirements: First, its specific gravity at 60 degrees Fahrenheitmust be not less than 935 thousandths and not greater than 945thousandths; 2nd, its saponification value (koettstorfer figure)must not be less than 186; 3rd, its iodine number must not be lessthan 160; 4th, its acid value must not exceed 10; 5th, the volatilematter expelled at 212 degrees Fahrenheit must not exceed one−half of one percent; 6th, no mineral or other foreign oil or freerosin shall be present, and the amount of unsaponifiable matter asdetermined by standard methods shall not exceed 2.5 percent; 7th,the film left after flowing the oil over glass and allowing it to drainin a vertical position must dry free from tackiness in not to exceed20 hours, at a temperature of about 70 degrees Fahrenheit.

(2) Nor shall any person sell any raw or boiled linseed oilexcept under its true name, and unless each tank car, tank, barrel,keg, can or vessel of such oil has distinctly and durably markedthereon in ordinary bold−faced capital letters, not smaller than60−point type, the words “Pure Linseed Oil — Raw” or “LinseedOil — Boiled,” and the name and address of the manufacturer.




















(3) Linseed oil compounds designed to take the place of rawor boiled linseed oil, whether sold under invented proprietarynames or titles, or otherwise, shall bear conspicuously upon thecontaining receptacle in which the same is sold, in ordinary bold−faced capital letters not smaller than 60−point type, the word“Compound,” followed immediately with the true distinctivenames of the actual ingredients in the order of their greater prepon-derance, in the English language, in plain legible type of the samestyle, not smaller than 36−point type, in continuous list with nointervening matter of any kind and shall also bear the name andaddress of the manufacturer.

(4) No person shall sell:

(a) As and for dry white lead any substance other than basiccarbonate of lead or basic sulfate of lead;

(b) As and for white lead in oil, any product other than basiccarbonate of lead ground in pure linseed oil or basic sulfate of leadground in pure linseed oil;

(c) Any basic carbonate of lead ground in linseed oil, unlesseach receptacle containing it has distinctly and durably markedthereon the words, “white lead, basic carbonate, in oil,” and thename and address of the manufacturer or jobber;

(d) Any basic sulfate of lead ground in linseed oil, unless eachreceptacle containing it has distinctly and durably marked thereonthe words “white lead, basic sulfate, in oil,” and the name andaddress of the manufacturer or jobber;

(e) As and for dry oxide of zinc, or zinc oxide, or zinc white,any substance other than commercially pure oxide of zinc;

(f) As and for oxide of zinc in oil, or zinc oxide in oil, or zincwhite in oil, any product other than commercially pure oxide ofzinc ground in pure linseed oil;

(g) Any oxide of zinc ground in linseed oil, unless each recep-tacle containing the same has distinctly and durably markedthereon the words “oxide of zinc in oil” or “zinc oxide in oil” or“zinc white in oil” and the name and address of the manufactureror jobber.

(5) No person shall sell:

(a) As and for turpentine, spirits of turpentine or oil of turpen-tine, any article except pure oil of turpentine distilled from the nat-ural gum, dip or scrape of pine trees and unmixed with keroseneor other mineral oil or other foreign substance;

(b) As and for wood turpentine or wood spirits of turpentineany article except the distillates and spirits prepared directly fromor by the distillation of the wood of pine trees, and unmixed withkerosene or other mineral oil or other foreign substance;

(c) Any oil of turpentine or wood spirits of turpentine exceptunder its true name, and unless each tank car, tank, barrel, keg, canor vessel of such oil has distinctly and durably marked thereon inordinary bold−faced capital letters, not smaller than 60−pointtype, the words “Oil of Turpentine” or “Wood Spirits of Turpen-tine” and the name and address of the manufacturer or jobber.

History: 2009 a. 177.

100.187 Sale of honey and Wisconsin certified honey;rules, prohibitions. (1) The department shall promulgaterules that do all the following:

(a) Establish standards for products sold as honey that are con-sistent with the standard for honey under the Codex Alimentariusof the Food and Agriculture Organization of the United Nationsand the World Health Organization, number 12−1981, as revisedin 2001.

(b) Establish standards for testing by private laboratories ofsamples submitted by persons who intend to sell honey producedin this state as Wisconsin certified honey to determine whether thesamples meet the standards established under par. (a).

(2) (a) No person may label a product as Wisconsin certifiedhoney or imply that a product is Wisconsin certified honey unlessall of the following apply:

1. The product has been determined to meet the standardsestablished under sub. (1) (a) by a laboratory whose testing proce-dures meet standards established under sub. (1) (b).

2. A summary of the results of the testing performed undersubd. 1. has been submitted to the department and approved by thedepartment.

3. The product was produced in this state.

(b) The department shall investigate violations of this subsec-tion and may bring an action for permanent or temporary injunc-tive or other relief in any circuit court against a person who vio-lates this subsection.

(3) (a) No person may label a product as honey or imply thata product is honey unless the product meets the standards estab-lished under sub. (1) (a).

(b) Any person who suffers damages as a result of a violationof this subsection may bring an action for damages against the vio-lator for the amount of the person’s damages or $1,000, whicheveris greater. Notwithstanding s. 814.04 (1), a court shall award toa prevailing plaintiff in an action under this paragraph reasonableattorney fees.

History: 2009 a. 169; 2011 a. 258.Cross−reference: See also ch. ATCP 87, Wis. adm. code.

100.19 Distribution methods and practices. (1) Themethods of distribution and practices in the distribution of foodproducts and fuel shall be free from needless waste and needlessduplication which tend to increase the cost of such products to theconsuming public. Methods of distribution and practices in thedistribution of food products and fuel, wherever such waste orduplication tends to increase the costs of such products to the con-suming public, are hereby prohibited.

(2) The department, after public hearing, may issue generalorders forbidding methods of distribution or practices in distribu-tion which are found by the department to cause waste or duplica-tion as defined herein. The department, after public hearing, mayissue general orders prescribing methods of distribution or prac-tices in distribution which are found by the department to avoidwaste or duplication as defined herein.

(3) The department, after public hearing, may issue a specialorder against any person, enjoining such person from employingany method of distribution or practice in distribution which isfound by the department to cause waste or duplication as definedherein. The department, after public hearing, may issue a specialorder against any person, requiring such person to employ themethod of distribution or practice in distribution which is foundby the department to avoid waste or duplication as defined herein.

100.195 Unfair billing for consumer goods or services.(1) DEFINITIONS. In this section:

(a) “Bill” means to represent to any consumer, directly or byimplication, that the consumer is obligated to pay a stated amountfor consumer goods or services. “Bill” includes to refer a paymentto a collection agency or to make a statement representing that apayment obligation has been or may be referred to a collectionagency or credit reporting agency.

(b) “Consumer” means an individual to whom a seller sells orleases, or offers to sell or lease, consumer goods or services atretail.

(c) “Consumer goods or services” means goods or services thatare used or intended for use for personal, family, or household pur-poses. “Consumer goods or services” does not include any of thefollowing:

1. The treatment of disease, as defined in s. 448.01 (2), by ahealth care provider, as defined in s. 155.01 (7), or the provisionof emergency medical care.

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3. Goods or services whose delivery is required by law eventhough the consumer has not agreed to purchase or lease thosegoods or services.

4. The sale or lease of a motor vehicle by a licensed motorvehicle dealer, as defined in s. 218.0101 (23) (a).

5. Services provided pursuant to an attorney−client relation-ship.

(d) “Delivery” means transferring to a consumer’s custody ormaking available for use by a consumer.

(e) “Disclosure” means a clear and conspicuous statement thatis designed to be readily noticed and understood by the consumer.

(f) “Seller” means a seller or lessor of consumer goods or ser-vices, and includes any employee, agent, or representative actingon behalf of the seller.

(g) “Telecommunications service” has the meaning given in s.196.01 (9m).

(h) “Television service” means all of the following:

1. Video service, as defined in s. 66.0420 (2) (y).

2. Services billed to consumers by a multichannel video pro-gramming distributor as defined under 47 USC 522 (13).

(2) PROHIBITIONS. No seller may:

(a) Bill a consumer for consumer goods or services that theconsumer has not agreed to purchase or lease.

(b) Bill a consumer for consumer goods or services at a pricethat is higher than a price previously agreed upon between theseller and consumer unless the consumer agrees to the higher pricebefore the seller bills the consumer. This paragraph does not pro-hibit a seller from increasing the price of goods or services undera sale or lease agreement of indefinite duration if the seller givesthe consumer reasonable disclosure of the proposed increase andthe opportunity to cancel the agreement without penalty at orbefore the time of a delivery at the increased price. If a seller pro-poses an increased price at the time of a delivery of goods or ser-vices and the consumer elects to cancel the agreement, the sellershall pay the costs of returning the goods or services.

(c) Bill a consumer for a delivery of consumer goods or ser-vices that the seller initiates under an agreement that is no longerin effect when the seller initiates the delivery.

(d) Offer a consumer a prize or prize opportunity or free orreduced−price goods or services, the acceptance of which com-mits the consumer to receive or pay for other consumer goods orservices, unless the seller makes a disclosure of that commitmentat or before the time the consumer agrees to purchase the goodsor services.

(e) Misrepresent to a consumer, directly or by implication, thatthe consumer’s failure to reject or return a delivery of consumergoods or services that was not authorized by the consumer consti-tutes an acceptance that obligates the consumer to pay for thosegoods or services.

(3) EXCEPTIONS. (a) Subsection (2) does not apply to the con-duct of an agent or representative of a seller when providing bill-ing services if the agent or representative did not know or havereason to know that its conduct violates sub. (2).

(b) Subsection (2) (a) and (b) do not apply to any of the follow-ing:

1. A negative option plan, as defined in 16 CFR 425.1, if thenegative option plan meets the requirements of 16 CFR 425.1.

2. A contractual plan or arrangement under which a seller, ona periodic basis, ships a similar type of goods to a consumer whohas consented in advance to receive the goods on a periodic basis,if the plan or arrangement does not impose a binding commitmentperiod or require a minimum purchase amount.

(4) ACCEPTANCE OF FREE GOODS OR SERVICES. For purposes ofsub. (2), the acceptance of free goods or services does not, of itself,constitute an agreement to purchase or lease the goods or services.

(5m) PENALTIES AND REMEDIES. (a) The department may exer-cise its authority under ss. 93.14 and 93.15 to investigate viola-tions of this section.

(b) Any person suffering pecuniary loss because of a violationof this section may commence an action to recover the pecuniaryloss. If the person prevails, the person shall recover twice theamount of the pecuniary loss, or $200 for each violation, which-ever is greater, together with costs, including reasonable attorneyfees.

(c) The department may commence an action in the name ofthe state to restrain by temporary or permanent injunction a viola-tion of this section. Before entry of final judgment, the court maymake any necessary orders to restore to a person any pecuniaryloss suffered by the person because of the violation.

(d) The department or a district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not less than $100 nor more than $10,000 for each violation ofthis section.

(e) A person who violates this section is subject to a fine of notless than $25 nor more than $5,000 or imprisonment not to exceedone year or both for each violation.

History: 2005 a. 458; 2007 a. 42.

100.197 Patent notifications. (1) DEFINITIONS. In this sec-tion:

(a) “Patent notification” means a letter, e−mail, or other writtencommunication attempting in any manner to enforce or assertrights in connection with a patent or pending patent.

(b) “Target” means a person who meets at least one of the con-ditions described in s. 801.05 (1) (b), (c), and (d) and satisfies atleast one of the following:

1. The person has received a patent notification.

2. One or more of the person’s customers has received a patentnotification concerning a product, service, process, or technologyof the person.

(2) PATENT NOTIFICATION REQUIREMENTS. (a) A patent notifi-cation shall contain all of the following:

1. The number of each patent or patent application that is thesubject of the patent notification.

2. A physical or electronic copy of each patent or pending pat-ent.

3. The name and physical address of the owner of each patentor pending patent and all other persons having a right to enforcethe patent or pending patent.

4. An identification of each claim of each patent or pendingpatent being asserted and the target’s product, service, process, ortechnology to which that claim relates.

5. Factual allegations and an analysis setting forth in detail theperson’s theory of each claim identified under subd. 4., if any, andhow that claim relates to the target’s product, service, process, ortechnology.

6. An identification of each pending or completed court oradministrative proceeding, including any proceeding before theU.S. patent and trademark office, concerning each patent or pend-ing patent.

(b) A patent notification may not contain false, misleading, ordeceptive information.

(c) 1. If a patent notification lacks any of the informationrequired under par. (a), the target may notify the person who madethe patent notification that the patent notification is incomplete.

2. Within 30 days after the date on which a target notifies aperson under subd. 1., the person shall provide the target with theinformation required under par. (a) that is necessary to completethe patent notification.



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(3) ENFORCEMENT AND REMEDIES. (a) 1. The department orthe attorney general may investigate an alleged violation of sub.(2) (b) or (c) 2.

2. The attorney general may commence an action in the nameof the state to restrain by temporary or permanent injunction a vio-lation of sub. (2) (b) or to compel a person who has violated sub.(2) (c) 2. with respect to a target to provide the target with the infor-mation specified in sub. (2) (c) 2. Before entry of final judgmentin an action commenced under this subdivision, the court maymake any necessary orders to restore to any person any pecuniaryloss the person has suffered because of the violation of sub. (2) (b)or (c) 2.

3. The attorney general may commence an action in the nameof the state to recover a forfeiture to the state of not more than$50,000 for each violation of sub. (2) (b) or (c) 2.

(b) A target or other person aggrieved because of a violationof sub. (2) (b) or (c) 2. may commence an action for the following:

1. A temporary or permanent injunction restraining a viola-tion of sub. (2) (b) or compelling a person who has violated sub.(2) (c) 2. with respect to a target to provide the target with the infor-mation specified in sub. (2) (c) 2.

2. An appropriate award of damages.

3. The person’s costs and, notwithstanding the limitationsunder s. 814.04 (1), reasonable attorney fees.

4. An award of punitive damages not to exceed $50,000 foreach violation or 3 times the aggregate amount awarded for allviolations under subds. 2. and 3., whichever is greater.

(c) Each patent notification that violates sub. (2) (b) or is thesubject of a violation of sub. (2) (c) 2. is a separate violation.

(4) EXEMPTIONS. Subsection (2) does not apply to any of thefollowing:

(a) A patent notification of an institution of higher educationor of a technology transfer organization that is owned, controlled,or operated by, or associated with, an institution of higher educa-tion.

(ag) A patent notification of a health care or research institu-tion that has annual expenditures of at least $10,000,000 and thatreceives federal funding.

(ar) A patent notification of an organization that is owned, con-trolled, or operated by an institution specified in par. (ag).

(b) A patent notification attempting to enforce or assert a rightin connection with a patent or pending patent on a device, or acomponent of that device, that is subject to approval by the federalfood and drug administration or the federal department of agricul-ture.

(c) A patent notification attempting to enforce or assert a rightarising under 35 USC 271 (e) (2) or 42 USC 262.

(5) NO LIMITATION OF RIGHTS AND REMEDIES UNDER OTHER LAW.

Nothing in this section may be construed to limit rights and reme-dies available to the state or any person under any other law.

History: 2013 a. 339.

100.20 Methods of competition and trade practices.(1) Methods of competition in business and trade practices inbusiness shall be fair. Unfair methods of competition in businessand unfair trade practices in business are hereby prohibited.

(1m) It is an unfair trade method of competition in businessto represent the retailing of merchandise to be a selling−out orclosing−out sale if the merchandise is not of a bankrupt, insolvent,assignee, liquidator, adjuster, trustee, personal representative,receiver, wholesaler, jobber, manufacturer, or of any business thatis in liquidation, that is closing out, closing, or disposing of itsstock, that has lost its lease or has been or is being forced out ofbusiness, or that is disposing of stock on hand because of damageby fire, water, or smoke. This subsection does not apply to any“closing−out sale” of seasonal merchandise or any merchandise

having a designated model year if the person conducting the saleis continuing in business.

(1n) It is an unfair method of competition or an unfair tradepractice for any person to sell cigarettes to consumers in this statein violation of s. 139.345.

(1r) It is an unfair method of competition in business or anunfair trade practice for a person who sells new motor vehicles tocompare new motor vehicle selling prices, including the offeredprices or the actual sale prices, to the manufacturer’s suggestedretail price for that vehicle unless it is clearly and conspicuouslydisclosed that the latter price is a manufacturer’s suggested retailprice and may not represent actual sale prices.

(1t) It is an unfair trade practice for a person to provide anyservice which the person has the ability to withhold that facilitatesor promotes an unfair method of competition in business, an unfairtrade practice in business, or any other activity which is a violationof this chapter.

(1v) It is an unfair method of competition in business or anunfair trade practice for a person or business entity to violate s.100.70 (1).

(2) (a) The department, after public hearing, may issue gen-eral orders forbidding methods of competition in business or tradepractices in business which are determined by the department tobe unfair. The department, after public hearing, may issue generalorders prescribing methods of competition in business or tradepractices in business which are determined by the department tobe fair.

(b) Notwithstanding par. (a), the department may not issue anyorder or promulgate any rule that regulates the provision of wateror sewer service by a manufactured home community operator, asdefined in s. 101.91 (8), or manufactured home community con-tractor, as defined in s. 101.91 (6m), or enforce any rule to theextent that the rule regulates the provision of such water or sewerservice.

(3) The department, after public hearing, may issue a specialorder against any person, enjoining such person from employingany method of competition in business or trade practice in busi-ness which is determined by the department to be unfair or fromproviding service in violation of sub. (1t). The department, afterpublic hearing, may issue a special order against any person,requiring such person to employ the method of competition inbusiness or trade practice in business which is determined by thedepartment to be fair.

(4) The department of justice may file a written complaintwith the department alleging that the person named is employingunfair methods of competition in business or unfair trade practicesin business or both. Whenever such a complaint is filed it shall bethe duty of the department to proceed, after proper notice and inaccordance with its rules, to the hearing and adjudication of thematters alleged, and a representative of the department of justicedesignated by the attorney general may appear before the depart-ment in such proceedings. The department of justice shall be enti-tled to judicial review of the decisions and orders of the depart-ment under ch. 227.

(5) Any person suffering pecuniary loss because of a violationby any other person of s. 100.70 or any order issued under this sec-tion may sue for damages therefor in any court of competent juris-diction and shall recover twice the amount of such pecuniary loss,together with costs, including a reasonable attorney fee.

(6) The department may commence an action in circuit courtin the name of the state to restrain by temporary or permanentinjunction the violation of s. 100.70 or any order issued under thissection. The court may in its discretion, prior to entry of finaljudgment make such orders or judgments as may be necessary torestore to any person any pecuniary loss suffered because of theacts or practices involved in the action, provided proof thereof issubmitted to the satisfaction of the court. The department may use





















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its authority in ss. 93.14 and 93.15 to investigate violations of s.100.70 or any order issued under this section.

History: 1975 c. 308; 1985 a. 284; 1993 a. 158, 496; 1997 a. 229; 2001 a. 16, 102;2003 a. 326; 2005 a. 25, 45; 2017 a. 73.

Cross−reference: See s. 136.001 (2) concerning future service plans.Cross−reference: See also chs. ATCP 102, 109, 113, 114, 117, 121, 122, 123, 124,

125, 127, 128, 131, 132, 134, 136, and 139, Wis. adm. code.

Department of Agriculture rules prohibiting a chain distributor scheme are valid.Unfair practices that may be prohibited are not limited to those affecting competitors.HM Distributors of Milwaukee, Inc. v. Department of Agriculture, 55 Wis. 2d 261,198 N.W.2d 598 (1972).

The elements of misappropriation are: 1) the expenditure of time, labor, or moneycreating the misappropriated thing; 2) competition; and 3) commercial damage to theplaintiff. Mercury Record Productions, Inc. v. Economic Consultants, Inc., 64 Wis.2d 163, 218 N.W.2d 705 (1975).

The trial court properly relied upon an administrative rule promulgated under sub.(2) in instructing the jury. State v. Clausen, 105 Wis. 2d 231, 313 N.W.2d 819 (1982).

The state may join as parties defendant assignees of contracts allegedly obtainedby deceptive practices even though the assignees did not engage in deception. Statev. Excel Management Services, 111 Wis. 2d 479, 331 N.W.2d 312 (1983).

Attorney fees for successful appellate work are recoverable under sub. (5). Feesare recoverable even when the person is represented at no charge by a legal servicesorganization. Shands v. Castrovinci, 115 Wis. 2d 352, 340 N.W.2d 506 (1983).

Sub. (6) does not require a threat of future harm in order to obtain an injunction.State v. Fonk’s Mobile Home Park & Sales, Inc., 117 Wis. 2d 94, 343 N.W.2d 820 (Ct.App. 1983).

A plaintiff−tenant who prevails in an action for the violation of an order under thissection is entitled to attorney fees irrespective of the amount of damages the landlordmay recover in a counterclaim. Paulik v. Coombs, 120 Wis. 2d 431, 355 N.W.2d 357(Ct. App. 1984).

In cases when a landlord complies with the notification requirements and providesan accounting of amounts withheld from a security deposit, an award of double dam-ages under sub. (5) is subject to offset for actual damages to the landlord. A damageaward in the amount of double the security deposit, regardless of the landlord’s dam-ages, applies when the landlord fails to provide the accounting. Pierce v. Norwick,202 Wis. 2d 587, 550 N.W.2d 451 (Ct. App. 1996), 96−0067.

Illegal chain distribution schemes are discussed. State v. Fortune in Motion, Inc.,214 Wis. 2d 148, 570 N.W.2d 875 (Ct. App. 1997), 96−2002.

The lender liability limits under s. 422.208 (4) do not limit the liability of lenderssubject to the Home Improvement Trade Practices Code promulgated under this sec-tion. A homeowner may proceed under sub. (5) when there is a violation of the Code.If a home improvement was financed by an interlocking consumer loan, full paymentbefore discovering the violations of the Code does not eliminate the consumer’s causeof action against an assignee of the loan for the total amount that the consumer wasobligated for at the time of entering into the contract. Jackson v. DeWitt, 224 Wis.2d 877, 592 N.W.2d 262 (Ct. App. 1999), 98−0493.

The ordinary civil burden of proof applies to actions for damages occasioned bya violation of an administrative rule adopted under sub. (2). Benkoski v. Flood, 2001WI App 84, 242 Wis. 2d 652, 626 N.W.2d 851, 00−1250.

When the plaintiff lost a sale of property as the result of a violation of an administra-tive rule adopted under sub. (2), it was proper to double the lost sale price of propertyprior to deducting the market price of the property in setting damages under sub. (5).Benkoski v. Flood, 2001 WI App 84, 242 Wis. 2d 652, 626 N.W.2d 851, 00−1250.

A contract in violation of an administrative rule adopted under this section does notresult in per se unenforceability of the contract. A lease provision requiring a tenantto pay all landlord attorney fees, in violation of a rule, was unenforceable because sev-ering the clause from the remainder of the lease would undermine the goals of elimi-nating such clauses and preventing the intimidation of tenants that the clauses maycause. Baierl v. McTaggart, 2001 WI 107, 245 Wis. 2d 632, 629 N.W.2d 277,98−3329.

Under Baierl, a lease containing a provision violating an administrative rule is notnecessarily void, but rather, may be unenforceable by one or both parties under cer-tain circumstances. While a landlord cannot seek damages for abandonment of alease that contains a code violation, a tenant who seeks to prospectively enforce thelease waives his or her rights pursuant to Baierl in the event of a breach on the partof the tenant. By seeking to enforce a lease, a tenant reaffirms the terms of the leaseand the landlord’s reciprocal right to enforce those provisions. Dawson v. Gol-dammer, 2003 WI App 3, 259 Wis. 2d 664, 657 N.W.2d 432, 01−3075.

To sue for double damages, costs, and attorney’s fees under sub. (5), a party mustestablish a pecuniary loss because of a violation. Failure to allege any pecuniary lossfor an alleged administrative code violation barred recovery under sub. (5). Snyderv. Badgerland Mobile Homes, 2003 WI App 49, 260 Wis. 2d 770, 659 N.W.2d 887,02−0714.

Holding individual wrongdoers accountable is necessary in order to adequatelyeffectuate the purpose behind this section, protecting consumers from unfair deal-ings. When the corporate veil frustrates the purpose of a statute, it must be assumedthat the legislature intended to pierce it. Rayner v. Reeves Custom Builders, Inc.,2004 WI App 231, 277 Wis. 2d 535, 691 N.W.2d 705, 03−3235.

Nothing in this section or ch. 97 evinces a legislative intent to preclude the Depart-ment of Agriculture, Trade and Consumer Protection from declaring, by rule, that aviolation of department rules governing food labeling is an unfair trade practice ame-nable to private enforcement action under sub. (5). Gallego v. Wal−Mart Stores, Inc.,2005 WI App 244, 288 Wis. 2d 229, 707 N.W.2d 539, 04−2533.

A tenant who opts to enforce a lease containing a prohibited attorney’s fees provi-sion pursuant to our holding in Dawson I may sever the provision and enforce theremaining legally valid lease terms. Dawson v. Goldammer, 2006 WI App 158, 295Wis. 2d 728, 722 N.W.2d 106, 04−2507.

Wisconsin Administrative Code ch. ATCP 110, entitled Home Improvement Prac-tices (HIPA), was adopted under authority of this section. Violations are governedby the discovery rule and the six−year statute of limitations under s. 893.93 (1) (b).Sub. (5) authorizes the doubling of an entire damage award, even if a HIPA violationis combined with additional wrongdoing that contributes to the loss in question. Acorporate employee may be personally liable for acts in violation of HIPA made on

behalf of the corporate entity that employs the employee. Stuart v. Weisflog’s Show-room Gallery, Inc., 2008 WI 22, 308 Wis. 2d 103, 746 N.W.2d 762, 05−0886.

Under sub. (5), a person suffering pecuniary loss because of a violation by anyother person of any order issued under this section may sue for damages. Using thecommon understanding of the term “because of,” the “pecuniary loss” is clearly theamount suffered to be paid as a result of the violation of the order. When a generalorder promulgated under sub. (2) prohibits the retention or receipt of the customer’smoney, the consumer suffers a pecuniary loss under sub. (5) in the amount that waswrongfully retained or received. Kaskin v. John Lynch Chevrolet−Pontiac Sales,Inc., 2009 WI App 65, 318 Wis. 2d 802, 767 N.W.2d 394, 08−1199.

An attorney fee award under sub. (5) is mandatory on successful claims. Boelterv. Tschantz, 2010 WI App 18, 323 Wis. 2d 208, 779 N.W.2d 467, 09−1011.

Allegations that a department rule prohibiting chain distributor schemes as anunfair trade practice abridged the 1st amendment protection of commercial speechwere not so obviously without merit so as to be insubstantial for purposes of the stat-ute requiring hearing and determination by three−judge court. Holiday Magic, Inc.v. Warren, 497 F.2d 687 (1974).

Federal law did not preclude the enforcement of this section. Time Warner Cablev. Doyle, 847 F. Supp 635 (1994).

No private cause of action exists under this section except for violations of a depart-ment order. Emergency One, Inc. v. Waterous Co., Inc., 23 F. Supp. 2d 959 (1998).

Protection for consumers against unfair and deceptive business. Jeffries. 57 MLR559.

State Deceptive Trade Practices and Consumer Protection Acts: Should WisconsinLawyers be Susceptible to Liability Under Section 100.20? Anderson. 83 MLR 497.

Navigating Wisconsin’s Consumer Protection System. Greene. Wis. Law. Sept.2017.

100.201 Unfair trade practices in the dairy industry.(1) DEFINITIONS. Unless context requires otherwise:

(a) “Broker” means any person engaged in negotiating salesor purchases of selected dairy products for or on behalf of a retaileror wholesaler or both.

(b) 1. “Retailer” means every person making any sale ofselected dairy products at retail within this state unless otherwiseexcepted; provided, that in the case of a person making both salesat retail and sales at wholesale such term shall apply only to theretail portion of such sales. “Retailer” does not include the UnitedStates, the state, any municipality as defined in s. 345.05 (1) (c),or any religious, charitable or educational organization or institu-tion, but does include any other person engaged in the business ofmaking retail sales wholly or in part for the person’s own profit atan institution operated by such an exempt party.

2. For the purpose of this section any subsidiary or affiliatecorporation, limited liability company, cooperative, or unincorpo-rated cooperative association, and any officer, director, partner,member or manager of a corporation, cooperative, unincorporatedcooperative association, partnership or limited liability companywhich is a retailer of selected dairy products, and any individual,corporation, cooperative, unincorporated cooperative associa-tion, partnership, limited liability company, association or anyother business unit which owns, controls or franchises any retaileror which has any retailer as an affiliate, member or subsidiary, isdeemed to be a retailer of selected dairy products and the prohibi-tions of sub. (2) shall also apply to any such person or business unitwhich sells any selected dairy product at wholesale.

(c) 1. “Selected dairy products” means:

a. Milk, skim milk, fortified milk, flavored milk, flavoredskim milk, buttermilk, cream, sour cream, half and half, whippingcream, whipped cream and cottage cheese; and

b. Ice cream, ice milk, sherbet, custard, water ices, quies-cently frozen ices and frozen dessert novelties manufactured fromany such products.

2. The department may by rule, after hearing, designate asselected dairy products such other products derived in whole or inpart from milk as it finds necessary to effectuate the purposes ofthis section.

3. In no event shall there be designated as selected dairy prod-ucts any of the following:

a. Powdered dry milk or powdered dry cream.

b. Condensed, concentrated or evaporated milk in hermeti-cally sealed containers.

c. Butter or cheese, other than cottage cheese.

(d) “Sell at retail,” “sales at retail” and “retail sales” includeany transfer for a valuable consideration made in the course of









































































































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trade or conduct of the seller’s business, of title to tangible per-sonal property to the purchaser for consumption or use other thanresale or further processing or manufacturing, and include anytransfer of such property where title is retained by the seller assecurity for the payment of the purchase price.

(e) “Sell at wholesale,” “sales at wholesale” and “wholesalesales” include any transfer for a valuable consideration made inthe course of trade or conduct of the seller’s business, of title totangible personal property to the purchaser for purposes of resaleor further processing or manufacturing, and include any transferof such property where title is retained by the seller as security forthe payment of the purchase price.

(f) 1. “Wholesaler” means every person making sales ofselected dairy products at wholesale within this state, unless other-wise excepted; provided, that in the case of a person making bothsales at retail and sales at wholesale such term shall apply only tothe wholesale portion of such business.

2. For the purpose of this section any subsidiary or affiliatecorporation, limited liability company, cooperative, or unincorpo-rated cooperative association, and any officer, director, partner,member or manager of a corporation, cooperative, unincorporatedcooperative association, partnership or limited liability companywhich is a wholesaler of selected dairy products, is deemed to bea wholesaler of selected dairy products.

(1m) APPLICABILITY. This section is applicable to consign-ment sales and a consignor shall be deemed to be a wholesaler anda consignee to be a retailer for the purposes of this section.

(2) PROHIBITIONS. Each of the practices described in this sub-section is declared to be an unfair trade practice. It is unlawful forany person to be engaged in such practices. No wholesaler shall:

(a) 1. Give or extend discounts or rebates, directly or indi-rectly, to retailers or other wholesalers on selected dairy productsor give or extend to such purchasers any services connected withthe delivery, handling or stocking of such products except inaccordance with published price lists. A wholesaler may sellselected dairy products at a price different from or with servicesless than or additional to those in said published price list in orderto meet a bona fide offer by a competitor to a particular retailer orwholesaler, but such discount, rebate or service shall not be givenuntil the wholesaler first makes a written record of the date of suchcompetitive offer, the terms thereof, the name of the retailer orwholesaler to whom made and the name of the competitor bywhom made. Such record shall be available within this state forinspection and copying by any retailer or wholesaler upon theretailer’s or wholesaler’s written request therefor. It is the duty ofevery wholesaler under this subsection to prepare and publish ashereinafter provided current price lists giving the prices of allselected dairy products sold by the wholesaler at wholesale,directly or indirectly, to retailers or other wholesalers, includingall discounts, rebates and services connected with the delivery,handling or stocking of such products, giving the effective datesof such prices, and giving the amount paid or anything of valuegiven or granted by the wholesaler for such sales made through abroker as commission, brokerage, allowance or other compensa-tion. Such price lists shall be available within this state for inspec-tion and copying by any retailer or wholesaler upon the retailer’sor wholesaler’s written request therefor.

2. Every wholesaler shall file with the department the addressof the wholesaler’s principal business office in this state, if any.If a wholesaler has such a principal business address in this statewritten request for any record or price list required to be madeavailable under this subsection shall be sent to such businessoffice and the information requested shall be made available there.A wholesaler having no principal business office within this stateshall file with the department or a designated agent approved bythe department such current records or price lists required to bemade available under this subsection. Such current records orprice lists shall be available for inspection and copying by anyretailer or wholesaler upon the retailer’s or wholesaler’s writtenrequest therefor. The failure or refusal of any wholesaler to make

available for inspection and copying any record or price listrequired to be made available under this subsection within 24hours after a request has been received or to file with the depart-ment current records or price lists as required shall be prima facieevidence of a violation of this subsection.

3. In case of the failure or refusal of any wholesaler to makeavailable or file any record or price list as required by this para-graph, any court of record of competent jurisdiction shall, upon ashowing of such failure or refusal, and upon notice, order saidwholesaler to give to the retailer or wholesaler so requesting,within a specified time, an inspection thereof, with permission tomake a copy therefrom, or to file such information with the depart-ment.

(b) Discriminate in price, directly or indirectly, between differ-ent purchasers of selected dairy products of like grade and qualitywhere the effect of such discrimination may be substantially tolessen competition or tend to create a monopoly, or to injure,destroy or prevent competition with any person who either grantsor knowingly receives the benefit of such discrimination, or withcustomers of either of them. Proof made at any proceeding underthis paragraph that there has been discrimination in price shall beprima facie evidence of the truth of such charges. The burden ofrebutting such prima facie evidence by a showing of justificationshall be upon the person charged with the violation. Nothing inthis paragraph shall prevent any person charged with a violationof this paragraph from rebutting such prima facie evidence byshowing that the person’s lower price was made in good faith tomeet an equally low price of a competitor. Nothing in this para-graph shall be construed to apply to the submission of bids to orsales to the United States, the state, any municipality as definedin s. 345.05 (1) (c), or any religious, charitable or educationalorganization or institution. Nothing in this paragraph shall pre-vent:

1. Price differentials which merely allow for differences in thecost of manufacture, sale or delivery resulting from the differingmethods or quantities in which such selected dairy products aresold or delivered to such purchasers.

2. Persons engaged in selling selected dairy products fromselecting their own customers in bona fide transactions and not inrestraint of trade.

3. Price changes from time to time resulting from changingconditions affecting the market for or the marketability of theselected dairy products concerned, including but not limited toactual or imminent deterioration, obsolescence, distress salesunder court process, or sales in good faith in discontinuance ofbusiness in the selected dairy products concerned.

(c) Make payments of money, credit, gifts or loans to retailersas rental for the storage or display of selected dairy products on thepremises where they are offered for sale by the retailer.

(d) Make or underwrite loans to a retailer or become bound inany manner for the financial obligation of any retailer except thata wholesaler may lend money to a retailer for the purchase ofequipment for the storage, transportation, and display of selecteddairy products, provided the loan is for not more than 90 percentof the purchase price, bears at least a 5 percent annual interest rate,is payable in equal monthly installments over a period of not morethan 48 months, and is secured by a security interest created by asecurity agreement specifying all payments by the retailer andduly filed by the wholesaler within 10 days after the making orunderwriting of said loan, as provided in subch. V of ch. 409regarding debtors who are located in this state.

(e) Furnish, sell, give, lend or rent any equipment to a retailerexcept:

1. The wholesaler, under a bill of sale or security agreementdescribing the property sold and specifying the price and terms ofsale duly filed by the wholesaler under subch. V of ch. 409 within10 days after delivery of the equipment described therein, may sellequipment for the storage, transportation, and display of selecteddairy products to the retailer but the selling price shall be not less


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than the cost to the wholesaler, less 10 percent per year depreci-ation, plus transportation and installation costs, plus at least 6 per-cent, but in no event shall it be less than $100 per unit. In filingbills of sale under this section, the filing officer shall follow theprocedure under subch. V of ch. 409 regarding debtors who arelocated in this state insofar as applicable. If the wholesaler makesthe sale under a security agreement, the terms of sale shall be nomore favorable to the retailer than those under sub. (2) (d). Failureby any wholesaler to enforce the wholesaler’s security interestunder this paragraph or sub. (2) (d) if a retailer is in default formore than 90 days shall constitute prima facie evidence of a viola-tion of this section. No wholesaler shall renegotiate a securityagreement which is in default.

2. The wholesaler may provide without restriction coin−vending machines from which the product vended is consumed onthe premises.

3. The wholesaler may furnish equipment to retailers for thestorage, transportation or display of selected dairy products forone period of not longer than 10 consecutive days a year to any oneretailer for use at a fair, exhibition, exposition or other event foragricultural, industrial, charitable, educational, religious or recre-ational purposes.

4. A wholesaler who furnishes, lends or rents the use of equip-ment for the storage or display of selected dairy products to anyperson exempt under sub. (1) (b) 1. shall not sell selected dairyproducts which will be stored or displayed in such equipment toany retailer using the equipment on the premises of such exemptperson unless such retailer purchases said equipment in accord-ance with this paragraph or par. (d). Nothing in this paragraphshall limit sales of selected dairy products to retailers in conjunc-tion with equipment furnished under subd. 3.

5. A wholesaler may sell or rent portable freezer cabinets,each with a storage capacity not exceeding 12 cubic feet, to retail-ers for the purpose of displaying frozen dessert novelties to retailcustomers.

(f) Maintain or make repairs of any equipment owned by aretailer except those used exclusively for selected dairy products.On such repairs the wholesaler shall make charges for the serviceand parts at the same prices as are charged by 3rd persons render-ing such service in the community where the retailer is located butin no event shall the charges be less than the cost thereof to thewholesaler plus a reasonable margin of profit.

(g) Extend or give credit to any retailer in excess of 30 dayspayable 15 days thereafter.

(h) 1. Sell or offer to sell, directly or indirectly, any selecteddairy product at less than cost with the purpose or intent of injur-ing, destroying or eliminating competition or a competitor or cre-ating a monopoly, or where the effect may be any of the same. Thisparagraph shall apply to all sales, including those made to anyinstrumentality of state or local government and to all religious,charitable or educational organizations or institutions, but doesnot apply to sales made to the United States.

2. “Cost” of a selected dairy product to a wholesaler meansthat portion of all of the cost of raw product plus all costs of manu-facturing, processing, packaging, handling, sale, delivery andoverhead of such wholesaler which, under a system of accountingin accordance with sound accounting principles and reasonablyadapted to the business of such wholesaler, is fairly allocable tosuch selected dairy product and the sale thereof to its customersor to a particular class thereof. Such cost shall include, but not belimited to, all expenses for labor, salaries, bonuses, fringe bene-fits, administration, rent, interest, depreciation, power, raw andprocessed ingredients, materials, packaging, supplies, mainte-nance of equipment, selling, advertising, transportation, delivery,credit losses, license and other fees, taxes, insurance, and otherfixed and incidental operating expenses and costs of doing busi-ness.

3. The department may by rule after hearing adopt a uniformsystem of accounting to be used by the department in determining

the cost of a selected dairy product and to require wholesalers tofile reports of such cost based upon such adopted system ofaccounting.

4. Proof made at any proceeding under this paragraph of a saleor offer to sell, directly or indirectly, any selected dairy product atless than cost as determined by department rule, if adopted, shallbe prima facie evidence that it was made with the purpose or intentof injuring, destroying or eliminating competition or a competitoror creating a monopoly and that the effect may be any of the same.The burden of rebutting such prima facie evidence shall be uponthe person charged with a violation of this paragraph. Nothing inthis paragraph shall prevent any person charged with a violationof this paragraph from rebutting such prima facie evidence byshowing that the person’s sale or offer to sell was made in goodfaith to meet competition.

5. This paragraph shall also apply to any retailer who owns,operates or otherwise contracts for, directly or indirectly, facilitiesfor manufacturing or processing any selected dairy product, andto the cost of a selected dairy product, as defined in this paragraph,shall be added both the wholesale and retail markup as providedin s. 100.30.

(i) 1. Give, offer to give, furnish, finance or otherwise makeavailable, directly or indirectly, to any retailer or to any other per-son doing business with a retailer anything of value which is con-nected with, or which aids or assists in, or which may induce orencourage, the purchase, handling, sale, offering for sale or pro-motion of the sale of the wholesaler’s selected dairy products bya retailer or any other person doing business with a retailer, unlessgiven, offered, furnished, financed or otherwise made availableon proportionately equal terms to all other retailers or personsdoing business with retailers. The term “anything of value” asused herein includes, but is not limited to:

a. Any payment, discount, rebate, allowance, gift, goods,merchandise, privilege, contest, service or facility, whether or notgiven, offered, furnished, financed or otherwise made available incombination with or contingent on a purchase, or as compensationfor or in consideration of the furnishing of any service or facilityby or through a retailer.

b. Any transaction involving the use of a coupon, token, slip,punch card, trading stamp or other device similar in nature,including any part of a container or package intended to be usedas such device, and which transaction involves any participationby or purchase from a retailer.

2. Nothing in subd. 1. prevents:

a. The good faith meeting of competition by offering or mak-ing available services and facilities offered or made available bya competitor.

b. Transactions with retailers otherwise permitted under pars.(d), (e), (f) and (g) and sub. (3).

3. Nothing in this paragraph authorizes the sale of selecteddairy products, or the furnishing of services or facilities in viola-tion of pars. (a) to (h).

(3) OPERATION OF RETAIL OUTLET BY WHOLESALER. Nothing inthis section shall be interpreted to prohibit the operation of a retailoutlet by a wholesaler for retail sales or to prohibit the use by thewholesaler in such retail outlet of any equipment or advertising ormiscellaneous matter owned by the wholesaler provided that suchretail outlet is under direct control and management of the whole-saler.

(4) UNLAWFUL ACTS OF RETAILERS. It is unlawful for anyretailer or any officer, director, employee or agent thereof to solicitor receive, directly or indirectly, from or through a wholesaler,broker or another retailer, anything which is prohibited by sub.(2), where the retailer, officer, director, employee or agent knowsor, in the exercise of reasonable prudence, should know that thesame is prohibited.

(5) UNLAWFUL ACTS OF BROKERS. (a) It is unlawful for a bro-ker, or any officer or agent thereof, to participate, directly or indi-rectly, in any unfair trade practice described in sub. (2).








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(b) It is unlawful for a wholesaler to engage or offer to engagein any unfair trade practice described in sub. (2), directly or indi-rectly, through a broker.

(6) FEE ON DAIRY PRODUCTS. (a) 1. Except as provided insubd. 2., a manufacturer or processor of selected dairy productsshall pay a fee under par. (c) on its sales of those selected dairyproducts to which all of the following apply:

a. The sales are at wholesale or retail.

b. The sales are made to persons in this state.

c. The selected dairy products are packaged for sale to con-sumers.

2. Subdivision 1. does not apply to the operator of a retail foodestablishment licensed under s. 97.30 who manufactures or pro-cesses selected dairy products at that establishment solely forretail sale at that establishment.

(b) The first person in this state to receive selected dairy prod-ucts that are manufactured or processed outside of this state andthat are packaged for sale to consumers shall pay a fee under par.(c) on sales of those selected dairy products to persons in this state.

(c) The fee under this subsection is 5.49 cents per hundredpounds of ice cream products and 0.44 cent per hundred poundsof other dairy products or such other amount as specified by thedepartment by rule. The fee shall be paid to the department by the25th day of each month for sales made during the precedingmonth.

(d) The failure to pay fees under this subsection within the timeprovided under par. (c) is a violation of this section. The depart-ment may also commence an action to recover the amount of anyoverdue fees plus interest at the rate of 2 percent per month foreach month that the fees are delinquent.

(e) The department shall keep confidential informationobtained under this subsection concerning the amount of dairyproducts sold by specific manufacturers and processors.

(7) APPLICABILITY. The provisions of ss. 133.04 and 133.05shall not apply to any conduct either permitted, required or prohib-ited under this section.

(8) ENFORCEMENT. It is the duty of the department to investi-gate, ascertain and determine whether this section or lawful ordersissued hereunder are being violated and for such purposes thedepartment shall have all the powers conferred by ch. 93.

(8m) JURISDICTION. This section shall apply to transactions,acts or omissions which take place in whole or in part outside thisstate. In any action or administrative proceeding the departmenthas jurisdiction of the person served under s. 801.11 when any actor omission outside this state by the defendant or respondentresults in local injury or may have the effect of injuring competi-tion or a competitor in this state or unfairly diverts trade or busi-ness from a competitor, if at the time:

(a) Solicitation or service activities were carried on within thisstate by or on behalf of the defendant or respondent; or

(b) Selected dairy products processed, serviced, distributed ormanufactured by the defendant or respondent were received forresale in this state at retail or wholesale without regard to wheresale or delivery takes place.

(9) PENALTIES. (a) Any person violating this section shall for-feit not less than $100 nor more than $5,000 for each violation.

(b) The department, after public hearing held under s. 93.18,may issue a special order against any person requiring such personto cease and desist from acts, practices or omissions determinedby the department to violate this section. Such orders shall be sub-ject to judicial review under ch. 227. Any violation of a specialorder issued hereunder shall be punishable as a contempt under ch.785 in the manner provided for disobedience of a lawful order ofa court, upon the filing of an affidavit by the department of thecommission of such violation in any court of record in the countywhere the violation occurred.

(c) The department, in addition to or in lieu of any other reme-dies herein provided, may apply to a circuit court for a temporary

or permanent injunction to prevent, restrain or enjoin any personfrom violating this section or any special order of the departmentissued hereunder, without being compelled to allege or prove thatan adequate remedy at law does not exist.

(d) The provisions of s. 93.06 (7) shall be applicable to viola-tions of this section insofar as permits, certificates, registrationsor licenses issued by the department for the manufacture, distribu-tion, and sale of selected dairy products are concerned, providedthat any suspension or revocation thereof pursuant to s. 93.06 (7)can be ordered only for failure to comply with any special orderissued pursuant to par. (b) or with any permanent injunction issuedpursuant to par. (c), should such failure continue after such orderor such injunction becomes final on the completion of any reviewproceedings. In such proceedings the department shall follow thehearing procedure set forth in s. 93.18 for special orders. Judicialreview shall be as provided in ch. 227.

(e) Any person suffering pecuniary loss because of any viola-tion of this section may sue for damages therefor in any court ofcompetent jurisdiction and shall recover treble the amount of suchpecuniary loss, together with costs, including a reasonable attor-ney’s fee.

(f) Any retailer or wholesaler may file a written verified com-plaint with the department alleging facts which, if proved, wouldsupport a charge that a person named therein is engaging in unfairtrade practices as defined in this section. Whenever such a com-plaint is filed it is the duty of the department to proceed to hearingand adjudication as provided in par. (b).

(g) A final judgment, decree or order hereafter rendered in anycivil or criminal action or special proceeding, or in any specialorder proceeding under par. (b), brought by or on behalf of thestate under this section to the effect that a defendant or respondenthas violated said law shall be prima facie evidence against suchdefendant or respondent in any action or special proceedingbrought by any other party against such defendant or respondentunder said law, as to all matters respecting which said judgment,decree or order would be an estoppel as between the parties theretobut this subsection shall not apply to judgments, decrees or specialorders entered by consent.

(10) REMOVAL OR SALE OF EQUIPMENT. Any equipment fur-nished by wholesalers to retailers prior to August 17, 1963, shallbe removed from the retailers’ premises or sold pursuant to sub.(2) (d) or (e) by January 1, 1964. The minimum selling price ofsuch equipment, if fully depreciated in accordance with sub. (2)(e), shall not be less than $10 per unit.

(11) RULE MAKING. The department may promulgate ruleswhich are necessary for the efficient administration of this section.The department may also promulgate rules which set standards forthe nondiscriminatory sale and furnishing of services or facilitiesin connection with the sale or distribution of selected dairy prod-ucts and for the good faith meeting of competition.

History: 1971 c. 238; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1975 c. 39, 199,401; 1979 c. 32 s. 92 (13); 1979 c. 209 s. 4; 1983 a. 62; 1983 a. 189 ss. 133 to 135,329 (20), (31); 1987 a. 399; 1993 a. 112, 492; 1995 a. 27, 225; 2001 a. 10, 72; 2005a. 253, 441.

Cross−reference: See also ch. ATCP 103, Wis. adm. code.

100.202 Contracts in violation void. All contracts andagreements made in violation of s. 100.201 are void.

100.203 Vehicle protection product warranties.(1) DEFINITIONS. In this section:

(a) “Administrator” means a party other than the warrantorwhom the warrantor designates to be responsible for the adminis-tration of warranties.

(b) “Commissioner” means the commissioner of insurance.

(c) “Incidental costs” means expenses incurred by the war-ranty holder that are specified in the warranty and that are relatedto the failure of the vehicle protection product to perform as thewarranty provides. “Incidental costs” include insurance policydeductibles, rental vehicle charges, the difference between the























































actual value of the stolen vehicle at the time of theft and the costof a replacement vehicle, sales taxes, registration fees, transactionfees, and mechanical inspection fees.

(d) “Office” means the office of the commissioner.

(e) “Vehicle protection product” means a device, system, orservice installed on or applied to a vehicle that is designed to pre-vent loss or damage to the vehicle. “Vehicle protection product”includes alarm systems, body−part marking products, steeringlocks, window−etch products, pedal and ignition locks, fuel andignition kill switches, and electronic, radio, and satellite trackingdevices.

(f) “Warrantor” means a person who is obligated to the war-ranty holder under the terms of the warranty.

(g) “Warranty” means a written representation, made to a war-ranty holder, that applies to a vehicle protection product and thatasserts that the vehicle protection product will prevent specifiedloss or damage to a vehicle or the warrantor will pay the warrantyholder specified incidental costs.

(h) “Warranty holder” means the person who purchases a vehi-cle protection product that includes a warranty or who is a per-mitted transferee under the terms of the warranty.

(i) “Warranty reimbursement insurance policy” means aninsurance policy that is issued to a warrantor to provide reim-bursement to the warrantor for, or to pay on behalf of the warran-tor, all obligations incurred by the warrantor under the terms andconditions of the insured warranties sold by the warrantor.

(2) REGISTRATION AND FILING REQUIREMENTS OF WARRANTORS.

(a) A person shall register with the office by filing a form pre-scribed by the commissioner before operating as a warrantor orrepresenting to the public that the person is a warrantor.

(b) 1. Warrantor registration records shall be filed with theoffice annually and shall be updated within 30 days of any change.

2. The registration records shall contain the following infor-mation, which shall be available to the public:

a. The warrantor’s name, any names under which the warran-tor does business in this state, the warrantor’s principal officeaddress, and the warrantor’s telephone number.

b. The name and address of the warrantor’s agent for serviceof process in this state if other than the warrantor.

3. The registration records shall contain the following infor-mation, which is confidential and not available for inspection orcopying under s. 19.35 (1):

a. The name of the warrantor’s executive officer directlyresponsible for the warrantor’s vehicle protection product busi-ness.

b. The name, address, and telephone number of any adminis-trator that the warrantor designates to be responsible for theadministration of warranties in this state.

c. A copy of the warranty reimbursement insurance policy orother financial information required under sub. (3).

d. A copy of each warranty that the warrantor plans to use inthis state.

e. A statement indicating that the warrantor qualifies to dobusiness in this state under sub. (3) (a) or that the warrantor quali-fies to do business in this state under sub. (3) (b).

(c) 1. If a registrant fails to register by the renewal deadline,the commissioner shall give the registrant written notice of thefailure. The registrant shall have 30 days to complete the renewalbefore his or her registration is suspended.

2. If a registrant’s registration is suspended under subd. 1., thesuspension shall last until the registrant registers and pays any latepayment, except that the registration shall be terminated one yearafter the renewal deadline if the registrant has not registered orpaid any late payment.

(d) A person who sells or solicits a sale of a vehicle protectionproduct that includes a warranty but who is not a warrantor is notrequired to register as a warrantor to sell the vehicle protectionproduct.

(3) FINANCIAL RESPONSIBILITY. No person may sell, or offer tosell, a vehicle protection product that includes a warranty unlessthe warrantor meets one of the following conditions:

(a) The warrantor is insured under a warranty reimbursementinsurance policy that meets the conditions specified in s. 632.185(2) and has filed with the commissioner a copy of the warrantyreimbursement insurance policy.

(b) The warrantor’s net worth, or the total of all outstandingownership interests in the warrantor, is at least $50,000,000, or, ifthe warrantor is a subsidiary, the parent entity’s net worth is at least$50,000,000. If the warrantor files with the U.S. Securities andExchange Commission, the warrantor provides the commissionerwith a copy of the warrantor’s, or the parent entity’s, most recentU.S. Securities and Exchange Commission form 10−K or form20−f, filed within the preceding year pursuant to 15 USC 78L(b)or (g), 78m, or 78o(d). If the warrantor does not file with the U.S.Securities and Exchange Commission, the warrantor provides thecommissioner a copy of the warrantor’s, or the parent entity’s,audited financial statements. If the warrantor’s parent entity’sforms or audited financial statements are filed to meet the condi-tion specified under this subsection, then the parent entity shallagree to guarantee the obligations of the warrantor relating to war-ranties issued by the warrantor in this state.

(4) DISCLOSURE TO WARRANTY HOLDER. (a) Every warrantyshall be written in clear language that is understandable to lay per-sons and shall be printed or typed in easy−to−read size and styleof type. No warranty may be included with a vehicle protectionproduct unless it meets all of the following conditions:

1. If the warrantor chooses to meet its financial responsibilityobligations under sub. (3) (a):

a. The warranty states that the obligations of the warrantor tothe warranty holder are guaranteed under a warranty reimburse-ment insurance policy and states the name and address of theinsurer.

b. The warranty states that if a warranty holder makes a claimagainst a party other than the issuer of the warranty reimburse-ment insurance policy, the warranty holder may make a directclaim against the insurer if the warrantor fails to pay any claim orto meet any obligation under the terms of the warranty within 60days after proof of loss has been filed with the warrantor.

2. The warranty identifies the warrantor, the seller, and thewarranty holder.

3. The warranty sets forth the total purchase price and the pay-ment terms. The purchase price of the vehicle protection productdoes not have to be preprinted on the warranty or sales agreement.The purchase price may be negotiated with the purchaser at thetime of sale.

4. The warranty sets forth the procedure for making a claim,including a telephone number.

5. The warranty states the existence of any deductibleamount.

6. The warranty specifies the payments or performance to beprovided under the warranty, including payments for incidentalcosts, how the payments or performance will be calculated ordetermined, and any limitations, exceptions, or exclusions.

7. The warranty sets forth the conditions under which sub-stitution will be allowed.

8. The warranty states all of the obligations and duties of thewarranty holder.

9. The warranty sets forth any terms governing transferabilityof the warranty.

10. The warranty contains a disclosure that reads substan-tially as follows: “This agreement is a product warranty and is notinsurance.”

11. The warranty clearly states any terms and conditions gov-erning the cancellation of the sale and warranty.

(b) The seller of the warranty or the warrantor shall provideone of the following to the purchaser:








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1. At the time of sale, a copy of the warranty.

2. At the time of sale, a receipt or other written evidence ofthe purchase of the vehicle protection product and, within 30 daysafter the purchase, a copy of the warranty.

(5) WARRANTY CANCELLATION. (a) A warrantor may cancelthe warranty only if the warranty holder does one of the following:

1. Fails to pay for the vehicle protection product to which thewarranty applies.

2. Makes a material misrepresentation to the seller of the vehi-cle protection product to which the warranty applies or to the war-rantor.

3. Commits fraud.

4. Substantially breaches the warranty holder’s duties underthe warranty.

(b) A warrantor canceling a warranty shall mail written noticeof cancellation to the warranty holder at the last address of thewarranty holder in the warrantor’s records at least 30 days priorto the effective date of the cancellation. The notice shall state theeffective date of the cancellation and the reason for the cancella-tion.

(6) PROHIBITED ACTS. (a) A warrantor that is not an insurer,as defined in s. 600.03 (27), may not use in its name, contracts, orliterature any of the terms, “insurance,” “casualty,” “surety,”“mutual,” or any other words descriptive of the insurance, casu-alty, or surety business. A warrantor may not use any name ordescription that is deceptively similar to the name or descriptionof any insurance or surety corporation or to any other warrantor.

(b) No warrantor may make any warranty claim that is untrue,deceptive, or misleading as provided in s. 100.18.

(c) No person may require as a condition of sale or financingof a motor vehicle that a retail purchaser of a motor vehicle pur-chase a vehicle protection product that is not installed on the vehi-cle at the time of sale.

(7) RECORD KEEPING. (a) Warrantors shall keep accuraterecords of transactions regulated under this section.

(b) A warrantor’s records shall include all of the following:

1. Copies of all warranties under which the warrantor is obli-gated.

2. The name and address of each warranty holder to whom thewarrantor is obligated.

3. The dates, amounts, and descriptions of all receipts, claims,and expenditures related to the warrantor’s warranties.

(c) A warrantor shall retain all required records pertaining toeach warranty holder to whom the warrantor is obligated for atleast 2 years after the specified period of coverage has expired.A warrantor discontinuing business in this state shall maintain itsrecords until it furnishes the commissioner satisfactory proof thatit has discharged all obligations to warranty holders in this state.

(d) Warrantors shall make all records concerning transactionsregulated under this section available to the commissioner.

(8) SANCTIONS; ADMINISTRATIVE PENALTY. (a) The commis-sioner may take necessary and appropriate action to enforce thissection and the commissioner’s rules and orders and to protectwarranty holders. If a warrantor violates this section and the com-missioner reasonably believes the violation threatens to render thewarrantor insolvent or cause irreparable loss or injury to the prop-erty or business of any person located in this state, the commis-sioner may issue an order that does any of the following:

1. Prohibits the warrantor from engaging in the act that vio-lates this section.

2. Prohibits the warrantor from providing any warranty thatviolates this section.

3. Imposes a forfeiture on the warrantor.

(b) 1. Prior to the effective date of any order issued under par.(a), the commissioner must provide written notice of the order to

the warrantor and the opportunity for a hearing to be held within10 business days after receipt of the notice.

2. Notwithstanding subd. 1., if the commissioner reasonablybelieves that the warrantor is or is about to become insolvent, priornotice and a hearing are not required.

(c) A person aggrieved by an order issued under par. (a) mayrequest a hearing before the commissioner. Section 601.62applies to a hearing commenced under this paragraph.

(d) At the hearing, the commissioner bears the burden of prov-ing that the order issued under par. (a) is justified. Chapter 227applies to a hearing request under this subsection.

(e) The commissioner may bring an action in any court of com-petent jurisdiction for an injunction or other appropriate relief toenjoin a threatened or existing violation of this section or of a ruleor order of the commissioner promulgated or issued under thissection. An action filed under this paragraph may seek restitutionon behalf of persons injured by a violation of this section or a vio-lation of a rule or order of the commissioner promulgated or issuedunder this section.

(f) A person who violates this section or a rule or order of thecommissioner promulgated or issued under this section may beordered to forfeit to the state an amount determined by the com-missioner, but not more than $500 per violation and not more than$10,000 for all violations of a similar nature. Violations are of asimilar nature if the violation consists of the same or similarcourse of conduct, action, or practice, irrespective of the numberof times the conduct, action, or practice that violated this sectionor a rule or order promulgated or issued under this sectionoccurred.

History: 2003 a. 302.

100.205 Motor vehicle rustproofing warranties. (1) Inthis section:

(a) “Advertisement” means any oral, written, printed orgraphic statement, claim or representation concerning rustproof-ing which is made in connection with the solicitation or sale ofrustproofing.

(b) “Retail customer” means the person for whom rustproofingis ultimately intended.

(c) “Rustproofing” means the application of materials and pro-cesses intended or represented to prevent or control rusting or cor-rosion of a motor vehicle as defined in s. 340.01 (35).

(d) “Seller” means any person who sells rustproofing to a retailcustomer, including a person who sells a motor vehicle which hasrustproofing listed as an element of the total selling price, whetheror not ordered by the retail customer.

(e) “Warranted party” means the retail customer or anotherperson to whom warranty rights have been assigned or transferredunder the warranty.

(f) “Warrantor” means any person who gives or offers to givea warranty.

(g) “Warranty” means any written representation, made to aretail customer, which asserts that the rustproofing will meet aspecified level of performance or duration or establishes condi-tions under which the warrantor will compensate the retail cus-tomer or rectify any failure to meet the specified level of perfor-mance or duration.

(2) All rustproofing warranties shall be in writing and containthe following provisions:

(a) The duration of the warranty.

(b) Clear identification of all warrantors and their addresses,the name and address of the person to whom warranty claims areto be made and the place where inspection of the warranted motorvehicle is to be made.

(c) Each condition limiting the warranted party’s rights underthe warranty.














(d) The name and address of the insurer of the warranty in theevent of the warrantor’s insolvency or bankruptcy.

(3) No rustproofing warranty may contain:

(a) A limit on the number of claims which can be made underthe warranty.

(b) A warrantor’s option of returning the purchase price in lieuof other remedies under the warranty.

(c) A limit on the liability of the warrantor for any reason relat-ing to misapplication of the rustproofing product.

(d) An invalidation of the warranty on failure of the retail cus-tomer or the seller to register the warranty with the warrantor, ifthe retail customer or the seller has documentary proof that therustproofing was paid for.

(e) An exclusion of warranty coverage for manufacturerdefects unless the part of the motor vehicle excluded and the basisfor exclusion is specified in the warranty.

(f) A limit on the transferability of a warranty during the speci-fied term of the warranty.

(4) Nothing in this section prevents a warrantor from desig-nating a representative to perform duties under the warranty orrelieves a warrantor of his or her responsibilities to a warrantedparty. A representative designated to perform duties under a war-ranty is not a warrantor unless he or she gives or offers to give awarranty.

(5) (a) No person may make any warranty advertisementwhich is untrue, deceptive or misleading as provided in s. 100.18.

(b) The specified term of a warranty shall be limited to thatperiod preceding an inspection by the warrantor which is requiredto maintain the validity or original coverage of the warranty.

(c) Use of “lifetime” or similar terms may not be used in anadvertisement or warranty unless the term refers to the motor vehi-cle receiving the rustproofing and is not limited by the transfer ofownership of the motor vehicle.

(d) No warrantor may fail to have a motor vehicle inspectedwithin 30 days after receiving a claim under the warranty, if thewarranted party makes the motor vehicle available for inspectionto the warrantor or the warrantor’s designee within that period.The inspection shall be within 30 miles of the place of business ofthe seller of the rustproofing, unless waived by the warrantedparty.

(e) No warrantor may fail to notify a warranted party in writingwithin 30 business days after inspecting the motor vehiclewhether the warranty claim will be allowed or denied. If a claimis denied in whole or in part, the reason for that denial shall bestated in writing. Notification is effective on mailing the warran-tor’s determination to the last address supplied to the warrantor bythe warranted party or on personal delivery to the warranted party.

(f) No warrantor may fail to comply with the terms of its war-ranty.

(g) No warrantor or seller may impose a charge or require thepurchase of any additional service by the warranted party in orderto have an inspection completed if the continued validity of thewarranty requires the inspection.

(6) Every warrantor shall purchase a policy of insurance cov-ering the financial integrity of its warranties. The policy of insur-ance shall be on a form approved by the commissioner of insur-ance and shall have the following minimum provisions:

(a) The insurer shall be licensed to do business in this state orshall be an unauthorized foreign insurer, as defined in s. 600.03(27), accepted by the office of the commissioner of insurance forsurplus lines insurance in this state.

(b) Each warranty issued in this state shall be covered by a pol-icy of insurance.

(c) In case of insolvency or bankruptcy of the warrantor, a war-ranted party may file a claim directly with the insurer.

(d) In case of insolvency or bankruptcy of the warrantor, theinsurer, upon receipt of a claim, shall cause a warranted party’svehicle to be inspected at the insurer’s expense.

(e) The termination provision shall state that the insurance pro-vided shall continue with respect to all warranties issued beforethe date of termination.

(7) The department, or any district attorney on informing thedepartment, may commence an action in circuit court in the nameof the state to restrain by temporary or permanent injunction anyviolation of this section. The court may, before entry of final judg-ment and after satisfactory proof, make orders or judgments nec-essary to restore to any person any pecuniary loss sufferedbecause of a violation of this section. The department may con-duct hearings, administer oaths, issue subpoenas and take testi-mony to aid in its investigation of violations of this section.

(8) The department or any district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not more than $10,000 for each violation of this section.

(9) (a) In addition to other remedies, any person injured by aviolation of this section may bring a civil action for damages unders. 100.20 (5).

(b) Any person injured by a breach of a contract for rustproof-ing may bring an action against the warrantor or its insurer or bothto recover damages, costs and disbursements, including reason-able attorney fees, and other relief determined by the court.

History: 1983 a. 428; 1985 a. 29; 1995 a. 27; 2007 a. 168.

Wisconsin law authorizes, but does not require, the commissioner of insurance todemand periodic reports from an insurer relating to rustproofing warranties it insures.The commissioner has authority to require an insurer to increase the amount of insur-ance backing a rustproofer’s warranties in Wisconsin. This section was not intendedto negate the application of general insurance law to rustproofing warranties. 78 Atty.Gen. 113.

Remedies for motor vehicle purchasers. Nicks. WBB Mar. 1985.

100.206 Music royalty collections; fair practices.(1) DEFINITIONS. In this section:

(a) “Copyright owner” means the owner of a copyright that isof a musical work and that is recognized and enforceable under 17USC 101, et seq. “Copyright owner” does not include the ownerof a copyright that is of a motion picture or audiovisual work orthat is of part of a motion picture or audiovisual work.

(c) “Musical work” means a nondramatic musical work or awork of a similar nature.

(d) “Performing rights society” means an association or corpo-ration that licenses the public performance of musical works onbehalf of one or more copyright owners.

(e) “Proprietor” means the owner of a retail establishment ora restaurant.

(f) “Restaurant” includes an inn, bar, tavern or sports or enter-tainment facility in which the public may assemble and in whichmusical works may be performed or otherwise transmitted for theenjoyment of the public.

(g) “Royalties” means the fees payable to a copyright owneror performing rights society for the public performance of a musi-cal work.

(2) DUTIES. A performing rights society shall do all of the fol-lowing:

(a) File annually for public inspection with the department allof the following:

1. A certified copy of each document that is used at the timeof filing by the performing rights society to enter into a contractwith a proprietor who operates a retail establishment or restaurantin this state.

2. A list, that is the most current list available at the time ofthe filing, of the copyright owners who are represented by the per-forming rights society and of the musical works licensed by theperforming rights society.
















(b) Make available, upon request of a proprietor, informationas to whether a specific musical work is licensed under a contractentered into by the performing rights society and a copyrightowner. A proprietor may request this information by telephone orother electronic means.

(c) Make available, upon written request of a proprietor and atthe sole expense of a proprietor, any of the information requiredto be on file under par. (a).

(3) DISCLOSURE REQUIREMENTS. (a) No performing rightssociety may enter into, or offer to enter into, a contract for the pay-ment of royalties by a proprietor unless the performing rights soci-ety, at the time of the offer or between the time of the offer and 72hours before the execution of the contract, provides to the propri-etor a written notice of all of the obligations of the performingrights society as specified under sub. (2). The written notice shallalso contain a statement as to whether the performing rights soci-ety is in compliance with any applicable federal law or court orderthat relates to the rates and terms of royalties to be paid by the pro-prietor or that relates to the circumstances or methods under whichcontracts subject to this section are offered to the proprietor.

(b) No performing rights society may make an incomplete orfalse disclosure in the written notice required under par. (a).

(4) CONTRACT REQUIREMENTS. (a) A contract entered into orrenewed in this state by a proprietor and a performing rights soci-ety for the payment of royalties shall be in writing and signed bythe parties.

(b) The information in the contract shall include all of the fol-lowing:

1. The proprietor’s name and commercial address and thename and location of each retail establishment and restaurant towhich the contract applies.

2. The name of the performing rights society.

3. The length of the contract.

4. The schedule of rates and terms of the royalties to be col-lected under the contract, including any sliding scale or schedulefor any increase or decrease of the rates during the term of the con-tract.

(5) PROHIBITED PRACTICES. No employee or agent of a per-forming rights society may do any of the following:

(a) Enter the commercial premises of a proprietor to discuss acontract under this section with the proprietor or his or heremployees, without identifying himself or herself and makingknown the purpose of the visit before commencing any furthercommunication with the proprietor or the proprietor’s employees.

(b) Engage in any coercive conduct, act or practice that dis-rupts the commercial premises of a proprietor in a substantialmanner.

(c) Use or attempt to use any deceptive act or practice in nego-tiating a contract with a proprietor or in collecting royalties froma proprietor.

(d) Fail to comply with the requirements imposed under subs.(2), (3) and (4).

(6) CIVIL REMEDY. Any person damaged as a result of a viola-tion of this section may bring a civil action to recover damages,court costs and, notwithstanding s. 814.04 (1), reasonable attor-ney fees. The person may also request in the action any other legalor equitable relief.

(7) OTHER RIGHTS AND REMEDIES. This section does not limitany other right or remedy provided by law.

History: 1995 a. 284; 1997 a. 35; 1997 a. 111 ss. 9, 11 to 16; Stats. 1997 s. 100.206.

100.207 Telecommunications services. (1) DEFINITION.

In this section, “telecommunications service” has the meaninggiven in s. 196.01 (9m).

(2) ADVERTISING AND SALES REPRESENTATIONS. A person maynot make in any manner any statement or representation withregard to the provision of telecommunications service, includingthe rates, terms or conditions for telecommunications service,

which is false, misleading or deceptive, or which omits to statematerial information with respect to the provision of telecom-munications service that is necessary to make the statement notfalse, misleading or deceptive.

(3) SALES PRACTICES. (a) A person may not engage in negativeoption billing or negative enrollment of telecommunications ser-vices, including unbundled telecommunications services. A per-son may not bill a customer for any telecommunications servicethat the customer did not affirmatively order unless that service isrequired to be provided by law, the federal communications com-mission or the public service commission. A customer’s failureto refuse a person’s proposal to provide a telecommunications ser-vice is not an affirmative request for that telecommunications ser-vice.

(b) A person may not charge a customer for telecommunica-tions service provided after the customer has canceled that tele-communications service.

(c) A person shall provide a customer who has ordered a tele-communications service through an oral solicitation with inde-pendent confirmation of the order within a reasonable time.

(4) COLLECTION PRACTICES. (a) A person may not misrepre-sent that local exchange service may be disconnected for nonpay-ment of other telecommunications service.

(b) A person may not unreasonably refuse to provide a detailedlisting of charges for telecommunications service upon the requestof a customer.

(5) TERRITORIAL APPLICATION. Subsections (2) to (4) apply toany practice directed to any person in this state.

(6) REMEDIES AND PENALTIES. (a) 1. If a person fails to complywith this section, any person or class of persons adversely affectedby the failure to comply has a claim for appropriate relief, includ-ing damages, injunctive or declaratory relief, specific perfor-mance and rescission.

2. A person or class of persons entitled to relief under subd.1. is also entitled to recover costs and disbursements.

(b) 1. The department of justice, after consulting with thedepartment of agriculture, trade and consumer protection, or anydistrict attorney upon informing the department of agriculture,trade and consumer protection, may commence an action in cir-cuit court in the name of the state to restrain by temporary or per-manent injunction any violation of this section. Injunctive reliefmay include an order directing telecommunications providers, asdefined in s. 196.01 (8p), to discontinue telecommunications ser-vice provided to a person violating this section or ch. 196. Beforeentry of final judgment, the court may make such orders or judg-ments as may be necessary to restore to any person any pecuniaryloss suffered because of the acts or practices involved in the actionif proof of these acts or practices is submitted to the satisfactionof the court.

2. The department may exercise its authority under ss. 93.14to 93.16 and 100.18 (11) (c) to administer this section. The depart-ment and the department of justice may subpoena persons andrequire the production of books and other documents, and thedepartment of justice may request the department of agriculture,trade and consumer protection to exercise its authority to aid in theinvestigation of alleged violations of this section.

(c) Any person who violates subs. (2) to (4) shall be requiredto forfeit not less than $25 nor more than $5,000 for each offense.Forfeitures under this paragraph shall be enforced by the depart-ment of justice, after consulting with the department of agricul-ture, trade and consumer protection, or, upon informing thedepartment, by the district attorney of the county where the viola-tion occurs.

(e) Subject to par. (em), the department shall promulgate rulesunder this section.

(em) 1. Before preparing any proposed rule under this section,the department shall form an advisory group to suggest recom-mendations regarding the content and scope of the proposed rule.The advisory group shall consist of one or more persons who may


















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be affected by the proposed rule, a representative from the depart-ment of justice and a representative from the public service com-mission.

2. The department shall submit the recommendations undersubd. 1., if any, to the legislature as part of the report requiredunder s. 227.19 (2) and to the board of agriculture, trade and con-sumer protection.

(f) This section does not preempt the administration orenforcement of this chapter or ch. 133 or 196.Practices in viola-tion of this section may also constitute unfair methods of competi-tion or unfair trade practices under s. 100.20 (1) or (1t) or fraudu-lent representations under s. 100.18 (1) or violate ch. 133 or 196.

History: 1993 a. 496; 1995 a. 27.Cross−reference: See also ch. ATCP 123, Wis. adm. code.Application of the common law voluntary payment doctrine would undermine the

manifest purposes of this section. The conflict between the statute’s purpose and thecommon law defense leaves no doubt that the legislature intended that the commonlaw defense should not be applied to bar claims under the statute. MBS−CertifiedPublic Accountants, LLC v. Wisconsin Bell Inc., 2012 WI 15, 338 Wis. 2d 647, 809N.W.2d 857, 08−1830.

Allegations that the defendants violated sub. (2) by billing in a false, misleading,or deceptive manner and by omitting information necessary to ensure that statementsin the phone bills were not false, deceptive, or misleading stated a claim under sub.(2). Sub. (2) does not limit prohibited representations to those made directly to theparty alleging the violation and does not limit prohibited representations to “adver-tisements” or “sales representations.” MBS−Certified Public Accountants, LLC v.Wisconsin Bell Inc., 2013 WI App 14, 346 Wis. 2d 173, 828 N.W.2d 575, 08−1830.

100.208 Unfair trade practices in telecommunications.(1) In this section, “telecommunications provider” has the mean-ing given in s. 196.01 (8p).

(2) The department shall notify the public service commissionif any of the following conditions exists:

(a) A telecommunications provider has been found by a courtto have violated any provision of this chapter or of a rule promul-gated under s. 100.20 (2) (a).

(b) The department has issued an order under s. 100.20 (3) pro-hibiting a telecommunications provider from engaging in anunfair trade practice or method of competition.

History: 1993 a. 496; 1997 a. 229.

100.209 Video programming service subscriberrights. (1) DEFINITIONS. In this section:

(c) “Multichannel video provider” means an interim cableoperator, as defined in s. 66.0420 (2) (n), video service provider,as defined in s. 66.0420 (2) (zg), or multichannel video program-ming distributor, as defined in 47 USC 522 (13).

(d) “Video programming” has the meaning given in s. 66.0420(2) (x).

(2) RIGHTS. (a) A multichannel video provider shall repairvideo programming service within 72 hours after a subscriberreports a service interruption or requests the repair if the serviceinterruption is not the result of a natural disaster.

(b) Upon notification by a subscriber of a service interruption,a multichannel video provider shall give the subscriber a credit forone day of video programming service if video programming ser-vice is interrupted for more than 4 hours in one day and the inter-ruption is caused by the multichannel video provider.

(bm) Upon notification by a subscriber of a service interrup-tion, a multichannel video provider shall give the subscriber acredit for each hour that video programming service is interruptedif video programming service is interrupted for more than 4 hoursin one day and the interruption is not caused by the multichannelvideo provider.

(c) A multichannel video provider shall give a subscriber atleast 30 days’ advance written notice before deleting a programservice from its video programming service. A multichannelvideo provider is not required to give the notice under this para-graph if the multichannel video provider makes a channel changebecause of circumstances beyond the control of the multichannelvideo provider.

(d) A multichannel video provider shall give a subscriber atleast 30 days’ advance written notice before instituting a rateincrease.

(e) If a multichannel video provider intends to disconnect asubscriber’s video programming service, or a portion of that ser-vice, the multichannel video provider shall give the subscriber atleast 10 days’ advance written notice of the disconnection. Amultichannel video provider is not required to give the noticeunder this paragraph if the disconnection is requested by the sub-scriber, is necessary to prevent theft of video programming ser-vice or is necessary to reduce or prevent signal leakage, asdescribed in 47 CFR 76.611.

(3) RULES AND ORDERS ALLOWED. This section does not pro-hibit the department from promulgating a rule or from issuing anorder consistent with its authority under this chapter that gives asubscriber greater rights than the rights under sub. (2).

(4) PENALTY; ENFORCEMENT. (a) A person who violates sub.(2) may be required to forfeit not more than $1,000 for eachoffense and not more than $10,000 for each occurrence. Failureto give a notice required under sub. (2) (c) or (d) to more than onesubscriber shall be considered to be one offense.

(b) The department and the district attorneys of this state haveconcurrent authority to institute civil proceedings under this sec-tion.

History: 1991 a. 296; 1995 a. 27; 1997 a. 111 s. 17; Stats. 1997 s. 100.209; 1999a. 150 s. 672; 2007 a. 42; 2013 a. 20.

100.2095 Labeling of bedding. (1) In this section, “bed-ding” means any mattress, upholstered spring, comforter, pad,cushion or pillow designed and manufactured for the purpose ofsleeping or reclining.

(2) (a) All bedding shall be labeled to include a description ofthe material that is used in the manufacture of the bedding and thename and address of the manufacturer of the bedding and the per-son selling, offering for sale or consigning for sale the bedding.If any of the material used in the bedding has not previously beenused in any other bedding, the phrase “manufactured of new mate-rial” shall appear on the label. If any of the material used in thebedding has previously been used in other bedding, the phrase“manufactured of secondhand material” shall appear on the label.

(b) For the purpose of labeling bedding under par. (a), the labelshall be not less than 3 inches by 4.5 inches in size and shall besewed to the bedding and the print appearing on the label shall benot less than one−eighth of an inch in height.

(3) No person in the business of manufacturing, distributingor selling bedding may manufacture, distribute, sell, offer for sale,consign for sale or possess with intent to distribute, sell, offer forsale or consign for sale any article of bedding unless the beddingis labeled as provided in sub. (2).

(4) No person in the business of selling bedding may sell, offerfor sale, consign for sale or possess with intent to sell, offer for saleor consign for sale any article of bedding if the article of beddingcontains any material that has been used in any hospital or hasbeen used by or about any person having an infectious or conta-gious disease.

(5) No person in the business of distributing or selling bed-ding, with intent to distribute, sell, offer for sale or consign for saleany article of bedding, may represent that any article of bedding,which contains material that has been previously used in otherbedding, is manufactured of material that has not been previouslyused in other bedding.

(6) (a) Any person suffering pecuniary loss because of a vio-lation of sub. (3), (4) or (5) may commence an action for the pecu-niary loss and if the person prevails, the person shall recover twicethe amount of the pecuniary loss or $200 for each violation,whichever is greater, together with costs, including reasonableattorney fees.

(b) The department may commence an action in the name ofthe state to restrain by temporary or permanent injunction a viola-

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tion of sub. (3), (4) or (5). Before entry of final judgment, the courtmay make any necessary orders to restore to any person any pecu-niary loss suffered by the person because of the violation.

(c) The department or any district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not less than $100 nor more than $10,000 for each violation ofsub. (3), (4) or (5).

(d) A person who violates sub. (3), (4) or (5) may be fined notmore than $10,000 or imprisoned for not more than 9 months orboth. Each day of violation constitutes a separate offense.

History: 1997 a. 260; 1999 a. 32 s. 169; 2001 a. 109.

100.21 Substantiation of energy savings or safetyclaims. (1) DEFINITIONS. In this section:

(a) “Dwelling unit” means a dwelling, as defined under s.101.61 (1), a modular home, as defined under s. 101.71 (6), a man-ufactured home, as defined under s. 101.91 (2), or a multifamilydwelling, as defined under s. 101.01 (8m).

(b) “Energy savings or safety claim” means an advertisementor representation that:

1. A product is safe or meets any standard or measure ofsafety; or

2. A product or a consumer product, as defined in s. 100.42(1) (c):

a. Increases fuel or electrical efficiency;

b. Reduces heat loss;

c. Reduces relative consumption of or expenditures for fuelor electricity; or

d. Meets any standard or measure of performance under subd.2. a. to c.

(c) “Insulation” means any material primarily designed toresist heat flow in a dwelling unit. “Insulation” does not includepipe or duct insulation except for duct wrap.

(d) “Motor vehicle” has the meaning provided under s. 340.01(35).

(e) “Person” means any manufacturer, distributor, installer orseller of any product.

(f) “Product” means:

1. Insulation.

2. Any system or device used in or around a dwelling unit forthe heating of space or water or the generation of electricity,including any attachment or additive to the system or device.“Product” does not include any system, device, attachment oradditive included in the original construction of a dwelling unit orin the sale or transfer of a dwelling unit.

3. Any fuel additive, including any motor vehicle fuel addi-tive.

4. Any article used in a motor vehicle to promote fuel effi-ciency. “Product” does not include any original part or equipmentin a motor vehicle as sold by the manufacturer or a licensed dealeror any substantially identical replacement part or equipment forthe motor vehicle.

(g) “‘R’ value” means the measure of resistance to heat flowthrough a material, computed as the reciprocal of the heat flowthrough a material expressed in British thermal units per hour persquare foot per degree Fahrenheit at 75 degrees Fahrenheit meantemperature.

(2) REASONABLE BASIS FOR CLAIMS. (a) No person may makean energy savings or safety claim without a reasonable and cur-rently accepted scientific basis for the claim when the claim ismade. Making an energy savings or safety claim without a reason-able and currently accepted scientific basis is an unfair method ofcompetition and trade practice prohibited under s. 100.20.

(b) An energy savings or safety claim made by a person otherthan a manufacturer does not violate par. (a) if the person relies ingood faith on written materials distributed by the manufacturerand if the claim is limited to the representations in the materials.

Any energy savings or safety claim made by a person other thana manufacturer, after the person is notified that no reasonable andcurrently accepted scientific basis for the claim has been sub-mitted, is a violation of par. (a).

(3) SUBSTANTIATING THE CLAIM. (a) Any person making anenergy savings or safety claim shall, upon written request by thedepartment, submit information upon which the person relied tosubstantiate the claim. Failure to submit information requestedunder this subsection is a violation of sub. (2) (a).

(b) The department shall make available to any person anyinformation submitted under this subsection unless protectedfrom disclosure by state or federal law.

(4) DEPARTMENT POWERS. (a) The department may, after pub-lic hearing, issue general or special orders under s. 100.20:

1. Prohibiting any energy savings or safety claim that violatessub. (2);

2. Regulating the manner in which the energy savings orsafety claim is made, including requiring accompanying disclo-sures to prevent unfairness or deception;

3. Prescribing any test method or other reasonable criteria bywhich the adequacy of the basis for any energy savings or safetyclaim is determined; or

4. Requiring corrective advertising to correct a violation ofsub. (2).

(c) The department shall cooperate with all other state agenciesin the administration of this section, as provided in s. 20.901.

(6) RULE MAKING. The department shall adopt rules that setstandards which determine if a reasonable and currently acceptedscientific basis exists for an energy savings or safety claim undersub. (2). Adoption of rules is not a prerequisite to enforcement ofthis section. To the extent feasible, the department shall incorpo-rate nationally recognized standards into the rules.

History: 1979 c. 221; 1983 a. 27 s. 2200 (25); 1991 a. 269; 1995 a. 27; 1999 a.53; 2007 a. 11; 2017 a. 331.

100.22 Discrimination in purchase of milk prohibited.(1) PROHIBITION. Except as provided in sub. (1m), no personengaged in the business of buying milk from producers for the pur-pose of manufacture, processing or resale may discriminatebetween producers in the price paid for milk or in services fur-nished in connection with the purchase of milk if the discrimina-tion injures producers or injures, destroys or prevents competitionbetween competing purchasers of milk.

(1m) MILK PRICING. A person engaged in the business of buy-ing milk from producers for the purpose of manufacture, process-ing or resale may pay producers different prices for the purchaseof milk based on differences in milk quality, if all of the followingapply:

(a) Before making any payments to producers, the personengaged in the business of buying milk from producers establishesa payment method based on differences in milk quality deter-mined by an actual measured difference in bacteria count, somaticcell count, enzyme level or drug residue findings in the milk.

(b) Before making any payments to producers, the personengaged in the business of buying milk from producersannounces, and offers to make payments in accordance with, thepayment method established under par. (a) to all producers fromwhom the person buys milk.

(c) The person engaged in the business of buying milk fromproducers makes payments to all milk producers from whom theperson purchases milk in accordance with the payment methodestablished under par. (a).

(d) The payment method established under par. (a) is not partof any other method used to discriminate between producers in theprice paid for milk or in services furnished in connection with thepurchase of milk.

(2) CONTRACTS VOID. A contract in violation of this section ora special order issued under this section is void.




















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(3) JUSTIFICATION DEFENSE. It is a defense to a prosecution forviolation of this section or a special order issued under this sectionto prove that the discrimination in price or services was done ingood faith to meet competition or was commensurate with anactual difference in the quantity of or transportation charges ormarketing expenses for the milk purchased.

(4) ENFORCEMENT. (a) The department may, after hearing,issue a special order enjoining violations of this section.

(b) The department may, without alleging or proving that noother adequate remedy at law exists, bring an action to enjoin vio-lations of this section or a special order issued under this sectionin the circuit court for the county where the alleged violationoccurred.

(5) PENALTIES. (a) A person who violates this section shallforfeit not less than $100 nor more than $2,500.

(b) A person who violates a special order issued under this sec-tion shall forfeit not less than $200 nor more than $5,000.

History: 1981 c. 124; 1991 a. 269.Application of volume premium rules to sales and delivery of milk from Wisconsin

cows occurring at out−of−state processing plants would violate the commerce clauseof the U.S. Constitution. Dean Foods Co. v. Brancel, 187 F.3d 609 (1999).

100.23 Contract to market agricultural products; inter-ference prohibited. (1) DEFINITION. In this section:

(a) “Agricultural product” includes, but is not limited to, anyagricultural commodity, as defined in s. 94.67 (2).

(b) “Association” means an association of persons engaged inthe production of agricultural products under 7 USC 291.

(c) “Contract” means an agreement between a producer and anassociation, which agreement provides that all or a specified partof the person’s production of one or more agricultural products bythe person will be exclusively sold or marketed through or by theassociation or any facility furnished by it.

(d) “Producer” means a person who produces agriculturalproducts.

(2) TERMS. No contract may have a term in excess of 5 years.A contract may be made self−renewing for periods not exceeding5 years each, except that either party may terminate at the end ofany term by giving written notice to the other party at least 30 daysbefore the end of the term.

(3) DAMAGES. A contract may require liquidated damages tobe paid by the producer in the event of a breach of contract withthe association. Liquidated damages may be either a percentageof the value of the products which are the subject of the breach,or a specified sum, but may not be more than 30 percent of thevalue of those products. If a specified sum is provided as liqui-dated damages, but such sum exceeds 30 percent of the value ofthe products which are the subject of the breach, the contract shallbe construed to provide liquidated damages equal to 30 percent ofthe value of the products which are the subject of the breach.

(4) BREACH OF CONTRACT. (a) No person may breach, repudi-ate, interfere with, induce or attempt to induce or aid the breachof a contract.

(b) If any person who has notice of the contract violates orthreatens to violate par. (a), the association which is a party to thecontract is entitled to all of the following remedies against thatperson, except as provided under sub. (5):

1. An injunction, including a temporary restraining order, toprevent or terminate any conduct which is prohibited under par.(a).

2. A decree of specific performance.

3. Damages.

(c) If an association files a verified complaint showing a viola-tion or threatened violation of par. (a), and a sufficient bond, theassociation is entitled to a temporary restraining order against anyperson violating par. (a).

(d) The county in which an association has its registered agentor its principal office in this state is a proper venue for an actionunder this subsection by or against that association.

(5) QUALIFICATIONS. No association is entitled to the remediesunder sub. (4) (b) unless the association:

(a) Is governed by the following procedures:

1. No person other than an association member may vote atany member meeting of the association.

2. At any member meeting of the association, each associa-tion member entitled to vote shall have one vote, except that thearticles or bylaws may permit either or both:

a. A member association to cast additional votes not exceed-ing a number equal to its membership.

b. An association whose member−patrons include other asso-ciations to base voting in whole or in part on a patronage basis.

3. Voting by proxy shall not be allowed in any association.

4. The bylaws of the association may provide for representa-tion of members at any member meeting by delegates apportionedterritorially or by other districts or units.

5. An annual member meeting shall be held by the associationat the time and place fixed in or pursuant to the bylaws of the asso-ciation. In the absence of a bylaw provision, such meeting shallbe held within 6 months after the close of the association’s fiscalyear at the call of the president or board.

6. Written notice, stating the place, day and hour of the associ-ation’s annual member meeting shall be given not less than 7 daysnor more than 60 days before the annual meeting at the directionof the person calling the meeting. Notice need be given only tomembers entitled to vote. Notice shall be given to members hav-ing limited voting rights if they have or may have the right to voteat the meeting.

7. At any annual member meeting at which members are tobe represented by delegates, notice to such members may be givenby notifying such delegates and their alternates. Notice may con-sist of a notice to all members or may be in the form of anannouncement at the meeting at which such delegates or alternateswere elected.

8. The association shall keep correct and complete books andrecords of account, and shall also keep minutes of the proceedingsof meetings of its members, board and executive committee. Theassociation shall keep at its principal office records of the namesand addresses of all members and stockholders with the amountof stock held by each, and of ownership of equity interests. At anyreasonable time, any association member or stockholder, or his orher agent or attorney, upon written notice stating the purposesthereof, delivered or sent to the association at least one week inadvance, may examine for a proper purpose any books or recordspertinent to the purpose specified in the notice. The board maydeny a request to examine books and records if the board deter-mines that the purpose is not directly related to the business oraffairs of the association and is contrary to the best interests of theassociation.

(b) Has a current annual report on file with the department offinancial institutions which satisfies all of the following require-ments:

1. Is signed by a principal officer or the general manager ofthe association.

2. Is on a form furnished to the association by the departmentof financial institutions using information given as of the date ofthe execution of the report.

3. Sets forth:

a. The association’s name and complete address.

b. The names and addresses of the association’s directors andprincipal officers.















c. A statement, by class and par value, of the amount of stockwhich the association has authority to issue, and the amount ofstock issued.

d. A statement as to the general type of business in which theassociation was engaged during the 12 months preceding the dateof the report.

4. Is filed with the department of financial institutions in eachyear following the year in which the association first filed theannual report required under this paragraph, during the calendaryear quarter in which the anniversary of the filing occurs.

(6) DEPARTMENT OF FINANCIAL INSTITUTIONS DUTIES. Thedepartment of financial institutions shall:

(a) Provide forms for the report required under sub. (5) (b) toan association upon the request of that association.

(b) Send by 1st class mail a form for the report required undersub. (5) (b) to each association which filed that report in the pre-vious year, no later than 60 days prior to the end of the calendaryear quarter in which that association first filed its report.

(c) Upon receipt of a report required under sub. (5) (b), deter-mine if the report satisfies the requirements of sub. (5) (b). If thedepartment of financial institutions determines that the reportdoes not satisfy all of those requirements, the department of finan-cial institutions shall return the report to the association whichfiled it, along with a notice of any correction required. If the asso-ciation files a corrected report within 30 days after the associationreceives that notice, the report shall be deemed timely filed forpurposes of sub. (5) (b) 4.

History: 1987 a. 89; 1995 a. 27.

100.235 Unfair trade practices in procurement of veg-etable crops. (1) DEFINITIONS. In this section:

(a) “Affiliate” means any of the following persons or businessentities:

1. An officer, director, partner, member, manager, majorstockholder, employee or agent of a contractor.

2. A corporation or business entity that is owned, controlledor operated by any of the persons under subd. 1.

(b) “Contractor” has the meaning given for “vegetable con-tractor” under s. 126.55 (14).

(c) “Contractor’s cost to grow” means the average cost, perunit weight of vegetable, incurred by the contractor and the con-tractor’s subsidiaries and affiliates to grow a species of vegetablein a growing region, either during 3 of the preceding 5 yearsexcluding the highest and lowest years, or, if the contractor hasgrown a vegetable species less than 5 consecutive years, duringthe most recent years available.

(d) “Growing region” means one or more geographic areas inwhich the department determines that the cost to grow a particularspecies of vegetable tends to be reasonably similar.

(dm) “License year” has the meaning given under s. 126.55(10m).

(e) “Producer” means any person who produces and sells vege-tables, or who grows vegetables under contract.

(f) “Subsidiary” means a corporation or business entity that isowned, controlled or operated by a contractor.

(g) “Vegetable” means a vegetable grown or sold for use infood processing, whether or not it is actually processed as food.“Vegetable” includes sweet corn but does not include grain.

(h) “Vegetable procurement contract” means an agreementbetween a contractor and a producer, under which the contractorbuys vegetables grown in this state from the producer or contractswith the producer to grow vegetables in this state.

(2) CONTRACTOR MAY NOT PAY PRODUCER LESS THAN CONTRAC-TOR’S COST TO GROW. If a contractor and the contractor’s affiliatesand subsidiaries collectively grow more than 10 percent of theacreage of any vegetable species grown and procured by the con-tractor in any license year, the contractor shall pay a producer, forvegetables of that species tendered or delivered under a vegetable

procurement contract, a price not less than the contractor’s cost togrow that vegetable species in the same growing region. For vege-tables contracted on a tonnage basis and for open−market tonnagepurchased, acreage under this subsection shall be determinedusing the state average yield per acre during the preceding licenseyear.

(4) COST TO GROW; REPORT TO DEPARTMENT UPON REQUEST. Ifthe department determines that a contractor and the contractor’saffiliates and subsidiaries will collectively grow more than 10 per-cent of the acreage of any vegetable species grown and procuredby the contractor during a license year, the department mayrequire the contractor to file a statement of the contractor’s cost togrow that vegetable species. The contractor shall file the reportwith the department within 30 days after the department makes itsrequest, unless the department grants an extension of time. Thedepartment may permit the contractor to report different costs togrow for different growing regions if the contractor can define thegrowing regions to the department’s satisfaction, and can show tothe department’s satisfaction that the contractor’s costs to groware substantially different between the growing regions.

(5) DEPARTMENT INVESTIGATIONS; RESPONSE TO PRODUCER

COMPLAINTS. The department may, on its own initiative, investi-gate to determine whether any contractor has violated this section.If a producer or producer association files a written complaint withthe department alleging a violation of sub. (2), the departmentshall investigate the complaint. The department is not required toinvestigate any complaint filed more than 180 days after the pro-ducer tendered or delivered the vegetables to the contractor.

(6) ADDITIONAL REPORTS; INSPECTION AND AUDIT. For purposesof an investigation under sub. (5), the department may require acontractor to submit reports of acreage, tonnages, costs to grow,and amounts paid to producers. The department may require thatthe reports be certified by a certified public accountant, or thedepartment may inspect and audit the contractor’s records to ver-ify that the reports are accurate.

(7) REPORTS ARE CONFIDENTIAL. Reports submitted to thedepartment under subs. (4) and (6) are confidential and not opento public inspection.

(8) DEPARTMENT FINDINGS AND ORDER. If the department com-pletes an investigation in response to a complaint under sub. (5),the department shall issue written findings to the contractor andcomplainant, indicating whether the department has found a vio-lation of sub. (2) by the contractor. If the department finds that thecontractor has violated sub. (2), the department shall specify whatit finds to be the contractor’s cost to grow. Either the contractoror the complainant may demand a public hearing on the depart-ment’s finding, under ch. 227.

(9) UNIFORM SYSTEM OF COST ACCOUNTING; DEPARTMENT

RULES. The department may promulgate rules prescribing a uni-form system of cost accounting to be used by contractors in deter-mining and reporting a contractor’s cost to grow. The accountingsystem shall take into account cost differences attributable to fac-tors affecting prices for vegetable species under vegetable pro-curement contracts.

(10) PRIVATE REMEDY. A producer who sustains a monetaryloss as a result of a violation of this section by a contractor mayrecover the amount of the loss, together with costs, including allreasonable attorney fees, notwithstanding s. 814.04 (1).

(11) PENALTIES. (a) Forfeiture. Any person who violates thissection or any rule promulgated or order issued under this sectionmay be required to forfeit not less than $100 nor more than$10,000. Notwithstanding s. 165.25 (1), the department maycommence an action to recover a forfeiture under this paragraph.

(b) Fine or imprisonment. Any person who intentionally vio-lates this section shall be fined not less than $100 nor more than$10,000 or imprisoned for not more than one year in the countyjail or both for each violation.

History: 1975 c. 67, 199; 1989 a. 31, 359; 1993 a. 112; 2001 a. 16.































100.24 Revocation of corporate authority. Any corpora-tion, or limited liability company, foreign or domestic, which vio-lates any order issued under s. 100.20 may be enjoined from doingbusiness in this state and its certificate of authority, incorporationor organization may be canceled or revoked. The attorney generalmay bring an action for this purpose in the name of the state. Inany such action judgment for injunction, cancellation or revoca-tion may be rendered by the court, upon such terms as it deems justand in the public interest, but only upon proof of a substantial andwillful violation.

History: 1981 c. 124; 1993 a. 112.

100.25 Cumulative remedies. Nothing in ss. 100.22 to100.24 shall be construed as repealing any other law of this state,but the remedies herein provided shall be cumulative to all otherremedies provided by law in and for such cases.

100.26 Penalties. (1) Any person who violates any provi-sion of this chapter, except s. 100.18, 100.20, 100.206 or 100.51,for which no specific penalty is prescribed shall be fined not toexceed $200, or imprisoned in the county jail not more than 6months or both.

(2) Any person violating s. 100.02 is guilty of a Class I felony.

(3) Any person who violates s. 100.15 or 100.19, or who inten-tionally refuses, neglects or fails to obey any regulation or ordermade or issued under s. 100.19 or 100.20, shall, for each offense,be fined not less than $25 nor more than $5,000, or imprisoned inthe county jail for not more than one year or both.

(4) Any person who violates s. 100.18 (1) to (8) or (10) or100.182 is subject to a civil forfeiture of not less than $50 nor morethan $200 for each violation.

(4m) Any person who violates s. 100.18 (10r) is subject to acivil forfeiture of not less than $100 nor more than $10,000 foreach violation.

(5) Any person violating s. 100.18 (9) may be fined not morethan $10,000 or imprisoned for not more than 9 months or both.Each day of violation constitutes a separate offense.

(6) The department, the department of justice, after consultingwith the department, or any district attorney may commence anaction in the name of the state to recover a civil forfeiture to thestate of not less than $100 nor more than $10,000 for each viola-tion of an injunction issued under s. 100.18, 100.182 or 100.20 (6).The department of agriculture, trade and consumer protection orany district attorney may commence an action in the name of thestate to recover a civil forfeiture to the state of not less than $100nor more than $10,000 for each violation of an order issued unders. 100.20.

(7) Any person violating s. 100.182 may be fined not morethan $10,000 or imprisoned for not more than 9 months or both foreach offense. Each unlawful advertisement published, printed ormailed on separate days or in separate publications, hand bills ordirect mailings is a separate violation of this section.

(8) Any person who violates s. 100.46 may be required to for-feit not more than $100.

(9) Any person who violates s. 100.30 (7) (a) is subject to aforfeiture of not less than $50 nor more than $200 for each viola-tion.

History: 1975 c. 39; 1979 c. 327; 1981 c. 90; 1981 c. 124 s. 9; 1983 a. 500; 1985a. 288; 1989 a. 31; 1993 a. 414; 1995 a. 27; 1997 a. 55, 111, 201, 253, 283; 1999 a.32; 2001 a. 16, 109.

It was constitutionally proper for the legislature to authorize in sub. (3) the imposi-tion of criminal penalties for the violation of department rules adopted pursuant to s.100.20. State v. Lambert, 68 Wis. 2d 523, 229 N.W.2d 622 (1975).

“Intentionally” in sub. (3) modifies only “refuses,” not “neglects or fails.” Multi-plicitous charges must be avoided. State v. Stepniewski, 105 Wis. 2d 261, 314N.W.2d 98 (1982).

A conviction under sub. (3) without proof of criminal intent did not violate the dueprocess clause. Stepniewski v. Gagnon, 732 F.2d 567 (1984).

100.261 Consumer protection surcharge. (1) If a courtimposes a fine or forfeiture for a violation of this chapter, ch. 98,

a rule promulgated under this chapter or ch. 98, or an ordinanceenacted under this chapter or ch. 98, the court shall also imposea consumer protection surcharge under ch. 814 in an amount equalto 25 percent of the fine or forfeiture imposed. If multiple viola-tions are involved, the court shall base the consumer protectionsurcharge upon the total of the fine or forfeiture amounts for allviolations. If a fine or forfeiture is suspended in whole or in part,the court shall reduce the surcharge in proportion to the suspen-sion.

(2) If any deposit is made for a violation to which this sectionapplies, the person making the deposit shall also deposit a suffi-cient amount to include the consumer protection surcharge underthis section. If the deposit is forfeited, the amount of the consumerprotection surcharge shall be transmitted to the secretary ofadministration under sub. (3). If the deposit is returned, the con-sumer protection surcharge shall also be returned.

(3) (a) The clerk of court shall collect and transmit the con-sumer protection surcharges imposed under ch. 814 to the countytreasurer under s. 59.40 (2) (m). The county treasurer shall thenmake payment to the secretary of administration under s. 59.25 (3)(f) 2.

(b) The secretary of administration shall deposit the consumerprotection surcharges imposed under ch. 814 in the general fundand shall credit them to the appropriation account under s. 20.115(1) (jb), subject to the limit under par. (c).

(c) The amount credited to the appropriation account under s.20.115 (1) (jb) may not exceed $185,000 in each fiscal year.

History: 1999 a. 9; 2001 a. 16; 2003 a. 33, 139, 326.

100.263 Recovery. In addition to other remedies availableunder this chapter, the court may award the department the reason-able and necessary costs of investigation and an amount reason-ably necessary to remedy the harmful effects of the violation andthe court may award the department of justice the reasonable andnecessary expenses of prosecution, including attorney fees, fromany person who violates this chapter. The department and thedepartment of justice shall deposit in the state treasury for depositin the general fund all moneys that the court awards to the depart-ment, the department of justice or the state under this section. Tenpercent of the money deposited in the general fund that wasawarded under this section for the costs of investigation and theexpenses of prosecution, including attorney fees, shall be creditedto the appropriation account under s. 20.455 (1) (gh).

History: 1995 a. 27; 1997 a. 36.

100.264 Violations against elderly or disabled per-sons. (1) DEFINITIONS. In this section:

(a) “Disabled person” means a person who has an impairmentof a physical, mental or emotional nature that substantially limitsat least one major life activity.

(b) “Elderly person” means a person who is at least 62 yearsof age.

(c) “Major life activity” means self−care, walking, seeing,hearing, speaking, breathing, learning, performing manual tasksor being able to be gainfully employed.

(2) SUPPLEMENTAL FORFEITURE. If a fine or a forfeiture isimposed on a person for a violation under ch. 136 or 707 or s.100.16, 100.17, 100.171, 100.174, 100.18, 100.182, 100.183,100.195, 100.20, 100.203, 100.205, 100.207, 100.209, 100.21,100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52,100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87,344.574, 344.576 (1), (2), or (3) (a) or (b), 344.577, or 344.578,or a provision of ch. 704 or 846 for which the department has rule−making, investigation, or enforcement authority, or a rule promul-gated under one of those sections, chapters, or provisions, the per-son shall be subject to a supplemental forfeiture not to exceed$10,000 for that violation if the conduct by the defendant, forwhich the violation was imposed, was perpetrated against anelderly person or disabled person and if the court finds that any ofthe following factors is present:



















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https://docs.legis.wisconsin.gov/document/statutes/59.40(2)(m)

https://docs.legis.wisconsin.gov/document/statutes/59.25(3)(f)2.

https://docs.legis.wisconsin.gov/document/statutes/59.25(3)(f)2.


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(a) The defendant knew or should have known that the defen-dant’s conduct was perpetrated against an elderly person or dis-abled person.

(b) The defendant’s conduct caused an elderly person or dis-abled person to suffer any of the following:

1. Loss or encumbrance of his or her primary residence.

2. Loss of principal employment or principal source ofincome.

3. Loss of more than 25 percent of the property that the elderlyperson or disabled person has set aside for retirement or for per-sonal or family care or maintenance.

4. Loss of more than 25 percent of the total of payments to bereceived under a pension or retirement plan.

5. Loss of assets essential to the health or welfare of theelderly person or disabled person.

(c) The defendant’s conduct caused physical or emotionaldamage or economic loss, other than the losses specified in par. (b)1. to 5., and elderly persons or disabled persons are more likely tosuffer the loss than other persons due to their age, poor health,impaired understanding or restricted mobility.

(3) PRIORITY FOR RESTITUTION. If the court orders restitutionunder s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7),100.177 (15), 100.18 (11) (d), 100.182 (5) (a), 100.20 (6), 100.205(7), 100.207 (6) (b) 1., 100.44 (5), or 134.87 (6) for a pecuniaryor monetary loss suffered by a person, the court shall require thatthe restitution be paid by the defendant before the defendant paysany forfeiture imposed under this section.

History: 1995 a. 38; 2015 a. 252.

100.265 List of gasohol and alternative fuel refuelingfacilities. No later than December 31 annually, and at such othertimes as the department determines to be necessary, the depart-ment shall publish and transmit to the department of administra-tion a list of all refueling facilities in the state at which gasohol,as defined in s. 16.045 (1) (d), or any alternative fuel, as definedin s. 16.045 (1) (b), is available. The list shall be organized bylocation and shall indicate which facilities are open to the public,which types of fuel are available at the facilities and which facili-ties are limited to use by certain employees or types of vehicles,and shall identify the employees or types of vehicles to which suchuse is limited.

History: 1993 a. 351.

100.27 Dry cell batteries containing mercury. (1) DEFI-NITIONS. In this section:

(a) “Alkaline manganese battery” means a battery with a man-ganese dioxide electrode and an alkaline electrolyte.

(b) “Alkaline manganese button cell battery” means an alka-line manganese battery that resembles a button in size and shape.

(c) “Mercuric oxide battery” means a battery with a mercuricoxide electrode.

(d) “Mercuric oxide button cell battery” means a mercuricoxide battery that resembles a button in size and shape.

(dg) “Zinc air battery” means a battery with a zinc anode, analkaline electrolyte, and a cathode that is capable of catalyzingoxygen when present.

(dr) “Zinc air button cell battery” means a zinc air battery thatresembles a button in size and shape.

(e) “Zinc carbon battery” means a battery with a manganesedioxide electrode, a zinc electrode and an electrolyte that is notalkaline.

(2) ALKALINE MANGANESE BATTERIES. (a) No person may sellor offer for sale an alkaline manganese battery that is manufac-tured after January 1, 1996, except for an alkaline manganese but-ton cell battery, unless the manufacturer has certified to the depart-ment that the alkaline manganese battery contains no mercury thatwas intentionally introduced.

(b) No person may sell or offer for sale an alkaline manganesebutton cell battery that is manufactured after January 1, 1996,unless the manufacturer has certified to the department that thealkaline manganese button cell battery contains no more than 25milligrams of mercury.

(3) ZINC CARBON BATTERIES. No person may sell or offer forsale a zinc carbon battery that is manufactured after July 1, 1994,unless the manufacturer has certified to the department that thezinc carbon battery contains no mercury that was intentionallyintroduced.

(5) MERCURIC OXIDE BATTERIES. Beginning on July 1, 1994, noperson may sell or offer for sale a mercuric oxide battery that is nota mercuric oxide button cell battery unless the manufacturer doesall of the following:

(a) Identifies a collection site, that has all required governmen-tal approvals, to which persons may send used mercuric oxide bat-teries for recycling or proper disposal.

(b) Informs each purchaser of one of its mercuric oxide batter-ies of the collection site identified under par. (a) and of the prohibi-tion in s. 287.185 (2).

(c) Informs each purchaser of one of its mercuric oxide batter-ies of a telephone number that the purchaser may call to get infor-mation about returning mercuric oxide batteries for recycling orproper disposal.

(d) Informs the department and the department of naturalresources of the collection site identified under par. (a) and thetelephone number under par. (c).

(5m) ZINC AIR BUTTON CELL BATTERIES. No person may sell atretail or offer for sale at retail a zinc air button cell battery that ismanufactured after January 1, 2013, unless the manufacturer hascertified to the department that the zinc air button cell battery con-tains no mercury that was intentionally introduced.

(6) LIST OF CERTIFIED BATTERIES. The department shall com-pile and make available to the public a list of all batteries for whichit has received certification under subs. (2), (3), and (5m).

(7) PENALTIES. (a) Any person who violates subs. (2) to (5m)shall forfeit not less than $50 nor more than $200.

(b) Any manufacturer that submits a fraudulent certificationunder sub. (2), (3), or (5m) shall forfeit not less than $1,000 normore than $10,000 for each violation.

History: 1993 a. 74; 1995 a. 227; 2011 a. 201.

100.28 Sale of cleaning agents and water conditionerscontaining phosphorus restricted. (1) DEFINITIONS. In thissection:

(a) “Chemical water conditioner” means a water softeningchemical or other substance containing phosphorus intended totreat water for machine laundry use.

(b) “Cleaning agent” means any laundry detergent, laundryadditive, dishwashing compound, cleanser, household cleaner,metal cleaner, degreasing compound, commercial cleaner, indus-trial cleaner, phosphate compound or other substance intended tobe used for cleaning purposes.

(2) RESTRICTIONS; RETAIL SALES. Except as provided undersub. (3), no person may sell or offer to sell at retail:

(a) General restriction; 0.5 percent. Any cleaning agent whichcontains more than 0.5 percent phosphorus by weight, other thana cleaning agent for nonhousehold machine dishwashing or forcleansing of medical and surgical equipment.

(b) Restriction for nonhousehold machine dishwashing orcleansing of medical equipment; 8.7 percent. Any cleaning agentfor nonhousehold machine dishwashing or for cleansing of medi-cal and surgical equipment which contains more than 8.7 percentphosphorus by weight.

(c) Restriction for water conditioner; 20 percent. Any chemi-cal water conditioner which contains more than 20 percent phos-phorus by weight.









































(2m) RESTRICTIONS; SALE TO RETAILER. Except as providedunder sub. (3), no person may sell or offer to sell to a retailer:

(a) General restriction; 0.5 percent. Any cleaning agent whichcontains more than 0.5 percent phosphorus by weight, other thana cleaning agent for nonhousehold machine dishwashing or forcleansing of medical and surgical equipment.

(b) Restriction for nonhousehold machine dishwashing orcleansing of medical equipment; 8.7 percent. Any cleaning agentfor nonhousehold machine dishwashing or for cleansing of medi-cal and surgical equipment which contains more than 8.7 percentphosphorus by weight.

(c) Restriction for water conditioner; 20 percent. Any chemi-cal water conditioner which contains more than 20 percent phos-phorus by weight.

(3) EXEMPTION; INDUSTRIAL PROCESSES AND DAIRY EQUIPMENT.

Cleaning agents used for industrial processes and cleaning or forcleansing dairy equipment are not subject to this section.

(4) PENALTY; ENFORCEMENT. (a) A person who violates thissection shall forfeit not less than $25 nor more than $25,000 foreach violation. Each day on which the person sells or offers to sellin violation of this section constitutes a separate violation. Eachplace at which the person sells or offers to sell in violation of thissection constitutes a separate violation.

(am) If a court imposes a forfeiture under par. (a) on the manu-facturer of a chemical water conditioner or cleaning agent for aviolation of sub. (2m), the court may order the manufacturer toaccept the return of the chemical water conditioner or cleaningagent that is the subject of the violation and to refund the purchaseprice to the retailer who purchased that chemical water condi-tioner or cleaning agent.

(b) In lieu of or in addition to forfeitures under par. (a), thedepartment may seek an injunction restraining any person fromviolating this section.

(c) The department, or any district attorney upon the requestof the department, may commence an action in the name of thestate under par. (a) or (b).

(d) Any action on a violation of this section may be com-menced in the circuit court for the county in which the violationoccurred, or in the case of multiple violations by a single defend-ant, in the circuit court for the county in which any of the viola-tions occurred.

History: 1983 a. 73; 1991 a. 115; 1995 a. 27; 2009 a. 63.

100.285 Reduction of toxics in packaging. (1) DEFINI-TION. In this section, “packaging component” means any individ-ual assembled part of a package, including any interior or exteriorblocking, bracing, cushioning, weatherproofing, coating, closure,ink or label.

(2) RESTRICTION. Except as provided in sub. (3), a manufac-turer or distributor may not sell a package, packaging material orpackaging component with a total concentration of lead, cad-mium, mercury plus hexavalent chromium that exceeds:

(a) Beginning on June 1, 1992, 600 parts per million.

(b) Beginning on June 1, 1993, 250 parts per million.

(c) Beginning on June 1, 1994, 100 parts per million.

(3) EXCEPTIONS. (a) Before June 1, 1996, sub. (2) does notapply with respect to a package, packaging material or packagingcomponent made from recycled materials.

(b) Subsection (2) does not apply with respect to a package,packaging material or packaging component if a higher total con-centration of lead, cadmium, mercury plus hexavalent chromiumis necessary to meet federal health or safety requirements.

(c) Subsection (2) does not apply with respect to a package,packaging material or packaging component for which there is nofeasible alternative that satisfies the limitations in sub. (2).

(d) Subsection (2) does not apply with respect to lead foil pur-chased and used on or before December 31, 1992, to wrap theopening of a bottle that contains intoxicating liquor, as defined in

s. 125.02 (8), or to any package that contains intoxicating liquor,as defined in s. 125.02 (8), if the package was filled and sealed onor before December 31, 1992.

(5) NO PENALTY. A person who violates sub. (2) is not subjectto a penalty.

(6) REPORT. The department shall review the effectiveness ofsubs. (1) to (5) and shall report the results of the review, includinga recommendation of whether enforcement provisions and penal-ties should be instituted, on or before June 1, 1993, to the governorand to the chief clerk of each house of the legislature for distribu-tion under s. 13.172 (2).

History: 1989 a. 335; 1991 a. 36.

100.29 Sale of nonrecyclable materials. (1) DEFINI-TIONS. In this section “new packaging” means packaging, includ-ing a container, made from a material or a combination of materi-als not used in any packaging, exclusive of any closure or label,that is in commerce in this state on or before May 11, 1990.

(3) NEW PACKAGING. (a) If the department receives a com-plaint that there is not an adequate market to make recycling of atype of new packaging economically feasible, the departmentshall investigate the complaint. If the department determines thatthe product has been in commerce in this state for at least 3 yearsand that the complaint is well−founded, it shall inform the manu-facturer or distributor of the new packaging and attempt to ensurean adequate market within a reasonable period through negotia-tions.

(b) The department shall identify by rule a type of new packag-ing for food or beverages to which all of the following apply:

1. After at least 3 years in commerce in this state, there is notan adequate market to make recycling of the type of new packag-ing economically feasible.

2. The department received a complaint under par. (a) aboutthe type of new packaging material.

3. Negotiations under par. (a) did not result in an adequatemarket.

(c) The department shall promulgate rules for determiningwhether there is an adequate market to make recycling of newpackaging economically feasible.

History: 1989 a. 335.

100.295 Labeling of recycled, recyclable or degrad-able products. (1) LABELING STANDARDS. The departmentshall establish standards that must be met by products in order forany person to represent that the products are recycled, recyclableor degradable. The department shall establish standards that areconsistent, to the greatest extent practicable, with nationwideindustry consensus standards. In developing standards, thedepartment shall consult with the department of natural resourcesand the council on recycling and consider purchasing specifica-tions under s. 16.72 (2) (e) and (f) and any existing federal stan-dards. The department shall give priority to establishing stan-dards for specific products commonly represented as beingrecycled, recyclable or degradable.

(2) FALSE ADVERTISING PROHIBITED. No person may representany product as being recycled, recyclable or degradable unless theproduct meets standards established under sub. (1).

(3) PENALTY. Any person who violates sub. (2) may berequired to forfeit not less than $100 nor more than $10,000 foreach violation.

History: 1989 a. 335.Cross−reference: See also s. ATCP 137.01, Wis. adm. code.

100.297 Plastic container recycled content. (1) DEFINI-TION. In this section, “plastic container” means a plastic container,as defined in s. 100.33 (1) (c), that is required to be labeled unders. 100.33 (2).

(2) PROHIBITION. Except as provided in sub. (3), no personmay sell or offer for sale at retail any product in a plastic containerunless the plastic container consists of at least 10 percent recycled

































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or remanufactured material, by weight beginning on January 1,1995.

(3) EXCEPTION. Subsection (2) applies to a person who sellsor offers to sell a product that is a food, beverage, drug, cosmeticor medical device and that is regulated under the federal food,drug and cosmetic act, 21 USC 301 to 394, in a plastic containeronly if the federal food and drug administration has approved theuse of the specified recycled or remanufactured content in thatplastic container.

History: 1989 a. 335; 1993 a. 245.

100.30 Unfair sales act. (1) POLICY. The practice of sellingcertain items of merchandise below cost in order to attract patron-age is generally a form of deceptive advertising and an unfairmethod of competition in commerce. Such practice causes com-mercial dislocations, misleads the consumer, works back againstthe farmer, directly burdens and obstructs commerce, and divertsbusiness from dealers who maintain a fair price policy. Bankrupt-cies among merchants who fail because of the competition ofthose who use such methods result in unemployment, disruptionof leases, and nonpayment of taxes and loans, and contribute to aninevitable train of undesirable consequences, including economicdepression.

(2) DEFINITIONS. When used in this section unless context oth-erwise requires:

(a) “Average posted terminal price” means the average postedrack price, as published by a petroleum price reporting service, atwhich motor vehicle fuel is offered for sale at the close of businesson the determination date by all refiners and wholesalers of motorvehicle fuel at a terminal plus any excise, sales or use taxesimposed on the motor vehicle fuel or on its sale, any cost incurredfor transportation and any other charges that are not otherwiseincluded in the average posted rack price. In this paragraph,“average” means the arithmetic mean.

(am) 1. With respect to the sale of cigarettes or other tobaccoproducts, fermented malt beverages or intoxicating liquor orwine, “cost to retailer” means the invoice cost of the merchandiseto the retailer within 30 days prior to the date of sale, or replace-ment cost of the merchandise to the retailer, whichever is lower,less all trade discounts except customary discounts for cash, plusany excise taxes imposed on such merchandise or the sale thereofother than excise taxes collected by the retailer, and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost or the replacement cost of the mer-chandise as herein set forth, to which shall be added a markup tocover a proportionate part of the cost of doing business, whichmarkup, in the absence of proof of a lesser cost, shall be 6 percentof the cost to the retailer as herein set forth.

1m. With respect to the sale of motor vehicle fuel, “cost toretailer” means the following:

a. In the case of the retail sale of motor vehicle fuel by a refinerat a retail station owned or operated either directly or indirectly bythe refiner, the refiner’s lowest selling price to other retailers or towholesalers of motor vehicle fuel on the date of the refiner’s retailsale, less all trade discounts except customary discounts for cash,plus any excise, sales or use taxes imposed on the motor vehiclefuel or on its sale and any cost incurred for transportation and anyother charges not otherwise included in the invoice cost of themotor vehicle fuel, plus a markup of 9.18 percent of that amountto cover a proportionate part of the cost of doing business; or theaverage posted terminal price at the terminal located closest to theretail station plus a markup of 9.18 percent of the average postedterminal price to cover a proportionate part of the cost of doingbusiness; whichever is greater.

b. In the case of the retail sale of motor vehicle fuel by awholesaler of motor vehicle fuel, who is not a refiner, at a retailstation owned or operated either directly or indirectly by thewholesaler of motor vehicle fuel, the invoice cost of the motorvehicle fuel to the wholesaler of motor vehicle fuel within 10 daysprior to the date of sale, or the replacement cost of the motor vehi-

cle fuel, whichever is lower, less all trade discounts except cus-tomary discounts for cash, plus any excise, sales or use taxesimposed on the motor vehicle fuel or on its sale, and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost or replacement cost of the motor vehi-cle fuel, plus a markup of 9.18 percent of that amount to cover aproportionate part of the cost of doing business; or the averageposted terminal price at the terminal located closest to the retailstation plus a markup of 9.18 percent of the average posted termi-nal price to cover a proportionate part of the cost of doing busi-ness; whichever is greater.

c. In the case of the retail sale of motor vehicle fuel by a personother than a refiner or a wholesaler of motor vehicle fuel at a retailstation, the invoice cost of the motor vehicle fuel to the retailerwithin 10 days prior to the date of sale, or the replacement cost ofthe motor vehicle fuel, whichever is lower, less all trade discountsexcept customary discounts for cash, plus any excise, sales or usetaxes imposed on the motor vehicle fuel or on its sale and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost or the replacement cost of the motorvehicle fuel, plus a markup of 6 percent of that amount to covera proportionate part of the cost of doing business; or the averageposted terminal price at the terminal located closest to the retailerplus a markup of 9.18 percent of the average posted terminal priceto cover a proportionate part of the cost of doing business; which-ever is greater.

d. In the case of a retail sale of motor vehicle fuel by a refinerat a place other than a retail station, the refiner’s lowest sellingprice to other retailers or to wholesalers of motor vehicle fuel onthe date of the refiner’s retail sale, less all trade discounts exceptcustomary discounts for cash, plus any excise, sales or use taxesimposed on the motor vehicle fuel or on its sale and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost of the motor vehicle fuel to whichshall be added a markup to cover a proportionate part of the costof doing business, which markup, in the absence of proof of alesser cost, shall be 3 percent of the cost to the retailer as set forthin this subd. 1m. d.

e. In the case of a retail sale of motor vehicle fuel by a personother than a refiner at a place other than a retail station, the invoicecost of the motor vehicle fuel to the retailer within 10 days priorto the date of the sale, or the replacement cost of the motor vehiclefuel, whichever is lower, less all trade discounts except customarydiscounts for cash, plus any excise, sales or use taxes imposed onthe motor vehicle fuel or on its sale and any cost incurred for trans-portation and any other charges not otherwise included in theinvoice cost or the replacement cost of the motor vehicle fuel towhich shall be added a markup to cover a proportionate part of thecost of doing business, which markup, in the absence of proof ofa lesser cost, shall be 3 percent of the cost to the retailer as set forthin this subd. 1m. e.

2. With respect to the sale of merchandise other than ciga-rettes or other tobacco products, fermented malt beverages, intox-icating liquor or wine, or motor vehicle fuel, “cost to retailer”means the invoice cost of the merchandise to the retailer, orreplacement cost of the merchandise to the retailer, whichever islower, less all trade discounts except customary discounts forcash, plus any excise taxes imposed on such merchandise or thesale thereof other than excise taxes collected by the retailer, andany cost incurred for transportation and any other charges not oth-erwise included in the invoice cost or the replacement cost of themerchandise as herein set forth.

(b) “Cost to retailer” and “cost to wholesaler” as defined inpars. (am) and (c) mean bona fide costs; and purchases made byretailers, wholesalers, wholesalers of motor vehicle fuel and refin-ers at prices which cannot be justified by prevailing market condi-tions within this state shall not be used in determining cost to theretailer and cost to the wholesaler. Prices at which purchases ofmerchandise other than motor vehicle fuel are made by retailersor wholesalers cannot be justified by prevailing market conditions






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in this state when they are below the lowest prices at which themanufacturer or producer of such merchandise sells to otherretailers or wholesalers in this state. Prices at which sales of motorvehicle fuel are made by retailers, wholesalers, wholesalers ofmotor vehicle fuel and refiners cannot be justified by prevailingmarket conditions in this state when they are below the applicablecost to retailers and cost to wholesalers specified under pars. (am)and (c).

(c) 1. a. With respect to the sale of cigarettes or other tobaccoproducts, fermented malt beverages or intoxicating liquor orwine, “cost to wholesaler” means, except as provided in subd. 1.b., the invoice cost of the merchandise to the wholesaler within 30days prior to the date of sale, or the replacement cost of the mer-chandise to the wholesaler, whichever is lower, less all trade dis-counts except customary discounts for cash, plus any excise taxesimposed on the sale thereof prior to the sale at retail, and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost or the replacement cost of the mer-chandise as herein set forth, to which shall be added, except forsales at wholesale between wholesalers, a markup to cover a pro-portionate part of the cost of doing business, which markup, in theabsence of proof of a lesser cost, shall be 3 percent of the cost tothe wholesaler as herein set forth.

b. For every person holding a permit as a distributor asdefined in s. 139.30 (3) or as a multiple retailer as defined in s.139.30 (8), with respect to that portion of the person’s businesswhich involves the purchase and sale of cigarettes “cost to whole-saler” means the cost charged by the cigarette manufacturer, disre-garding any manufacturer’s discount or any discount under s.139.32 (5), plus the amount of tax imposed under s. 139.31.Except for a sale at wholesale between wholesalers, a markup tocover a proportionate part of the cost of doing business shall beadded to the cost to wholesaler. In the absence of proof of a lessercost, this markup shall be 3 percent of the cost to wholesaler as setforth in this subd. 1. b.

1g. With respect to the wholesale sale of motor vehicle fuelby a refiner, “cost to wholesaler” means the refiner’s lowest sel-ling price to other retailers or to wholesalers of motor vehicle fuelon the date of the refiner’s wholesale sale, less all trade discountsexcept customary discounts for cash, plus any excise, sales or usetaxes imposed on the motor vehicle fuel or on its sale and any costincurred for transportation and any other charges not otherwiseincluded in the invoice cost of the motor vehicle fuel, to whichshall be added a markup to cover a proportionate part of the costof doing business, which markup, in the absence of proof of alesser cost, shall be 3 percent of the cost to the wholesaler as setforth in this subdivision.

1r. With respect to the wholesale sale of motor vehicle fuel bya person other than a refiner, “cost to wholesaler” means theinvoice cost of the motor vehicle fuel to the wholesaler of motorvehicle fuel within 10 days prior to the date of the sale or thereplacement cost of the motor vehicle fuel, whichever is lower,less all trade discounts except customary discounts for cash, plusany excise, sales or use taxes imposed on the motor vehicle fuelor on its sale and any cost incurred for transportation and any othercharges not otherwise included in the invoice cost or the replace-ment cost of the motor vehicle fuel to which shall be added amarkup to cover a proportionate part of the cost of doing business,which markup, in the absence of proof of a lesser cost, shall be 3percent of the cost to the wholesaler as set forth in this subdivision.

2. With respect to the sale of merchandise other than ciga-rettes or other tobacco products, fermented malt beverages, intox-icating liquor or wine, or motor vehicle fuel, “cost to wholesaler”means the invoice cost of the merchandise to the wholesaler, or thereplacement cost of the merchandise to the wholesaler, whicheveris lower, less all trade discounts except customary discounts forcash, plus any excise taxes imposed on the sale thereof prior to thesale at retail, and any cost incurred for transportation and any othercharges not otherwise included in the invoice cost or the replace-ment cost of the merchandise as herein set forth.

(cg) 1. Except as provided in subd. 2., “determination date”is the day preceding the day of the sale at retail of motor vehiclefuel.

2. If a retailer sells motor vehicle fuel on a day other than theday on which the retailer last purchased any motor vehicle fuel andthe sale of the motor vehicle fuel by the retailer occurs no later than10 days after its last purchase by the retailer, “determination date”means any of the following dates selected by the retailer:

a. The day preceding the day of the sale of motor vehicle fuelby the retailer.

b. The day on which motor vehicle fuel was last purchased bythe retailer.

(cj) “Existing price of a competitor” means a price beingsimultaneously offered to a buyer for merchandise of like qualityand quantity by a person who is a direct competitor of the retailer,wholesaler, wholesaler of motor vehicle fuel or refiner and fromwhom the buyer can practicably purchase the merchandise.

(cL) “Petroleum price reporting service” means a wholesalepetroleum product price reporting service that is recognizednationwide.

(cm) “Refiner” means a manufacturer, producer or refiner ofmotor vehicle fuel.

(d) “Replacement cost” means the cost computed as specifiedin par. (am) or (c) at which the merchandise sold could have beenbought by the retailer, wholesaler or wholesaler of motor vehiclefuel at any time if bought in the same quantity as the retailer’s,wholesaler’s or wholesaler of motor vehicle fuel’s last purchaseof the said merchandise.

(e) “Retailer” includes every person engaged in the businessof making sales at retail within this state, but, in the case of a per-son engaged in the business of selling both at retail and at whole-sale, such term shall be applied only to the retail portion of suchbusiness.

(f) With respect to the sale of merchandise other than motorvehicle fuel, “retailer” and “wholesaler” shall both be applied toany merchant who buys merchandise for resale at retail from themanufacturer or producer thereof and to any wholesaler under par.(L) 2. and, as to that merchandise or that wholesaler, the terms“cost to retailer” and “cost to wholesaler” as defined in pars. (am)and (c) shall both be applied, including the markup requirements.

(g) “Sell”, “sale” or “sold” includes any advertising or offer tosell or any transfer of merchandise where title is retained by theretailer, wholesaler, wholesaler of motor vehicle fuel or refiner assecurity for the payment of the purchase price. In determining theselling price of merchandise by wholesalers, wholesalers of motorvehicle fuel, retailers and refiners under this section, all fractionsof a cent shall be carried to the next full cent.

(h) “Sell at retail”, “sales at retail” and “retail sale” mean anytransfer for a valuable consideration, made in the ordinary courseof trade or in the usual prosecution of the retailer’s business, oftitle to tangible personal property to the purchaser for consump-tion or use other than resale or further processing or manufactur-ing.

(i) “Sell at wholesale”, “sales at wholesale” and “wholesalesales” include any transfer for a valuable consideration made inordinary course of trade or the usual conduct of the wholesaler’sbusiness, of title to tangible personal property to the purchaser forpurposes of resale or further processing or manufacturing.

(j) “Terminal” means a motor vehicle fuel storage and distribu-tion facility that is supplied by a pipeline or marine vessel, fromwhich facility motor vehicle fuel may be removed at a rack andfrom which facility at least 3 refiners or wholesalers of motorvehicle fuel sell motor vehicle fuel.

(k) In the case of retail sales of alcohol beverages, “trade dis-count” shall not include discounts in the form of cash or merchan-dise.

(L) “Wholesaler” includes every person holding a permit as amultiple retailer under s. 139.30 (8) and every person engaged in



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the business of making sales at wholesale, other than sales ofmotor vehicle fuel at wholesale, within this state except as fol-lows:

1. In the case of a person engaged in the business of sellingboth at wholesale and at retail, “wholesaler” applies only to thewholesale portion of that business.

2. In the case of a person holding a permit as a multiple retaileras defined in s. 139.30 (8), “wholesaler” applies to that portion ofthe person’s business involving the purchase and sale of cigarettesand to any wholesale portion of that person’s business.

(m) “Wholesaler of motor vehicle fuel” includes any of the fol-lowing:

1. A person who stores motor vehicle fuel and sells it through5 or more retail outlets that the person owns or operates.

2. A person who acquires motor vehicle fuel from a refineror as a sale at wholesale and stores it in a bulk storage facility otherthan a retail station for further sale and distribution.

3. A person engaged in the business of making sales at whole-sale of motor vehicle fuel within this state.

4. A person engaged in the business of selling diesel fuel ifthat person’s sales of diesel fuel accounted for at least 60 percentof that person’s total sales of motor vehicle fuel in the previousyear or, if that person did not engage in the business of selling die-sel fuel in the previous year, if that person reasonably anticipatesthat sales of diesel fuel will account for at least 60 percent of thatperson’s total sales of motor vehicle fuel in the current year.

(2m) DEFINITIONS; CONSTRUCTION. (a) When one or moreitems of merchandise are furnished or sold in combination with oron condition of the purchase of one or more other items, or are soadvertised, all items shall be included in determining cost undersub. (2) (am) or (c); and if any of the items included therein areseparately priced, such separate price shall be subject to therequirements of this section.

(b) With respect to the sale of merchandise other than motorvehicle fuel, any retailer who also sells to other retailers shall usethe invoice cost to other retailers in computing the selling price atretail under sub. (2) (am); and if that retailer is a manufacturer orproducer, both sub. (2) (am) and (c) shall be used in computing theselling price at retail. In the absence of sales to other retailers, themanufacturer’s or producer’s invoice cost to wholesalers shall beused in computing the manufacturer’s or producer’s selling priceat retail as provided in sub. (2) (am) and (c).

(c) When 2 or more terminals are included in the same geo-graphic area by a petroleum price reporting service, they shall beconsidered one terminal for purposes of sub. (2) (am) 1m. a., b.and c.

(3) ILLEGALITY OF LOSS LEADERS. Any sale of any item of mer-chandise either by a retailer, wholesaler, wholesaler of motorvehicle fuel or refiner, at less than cost as defined in this sectionwith the intent or effect of inducing the purchase of other mer-chandise or of unfairly diverting trade from a competitor, impairsand prevents fair competition, injures public welfare and is unfaircompetition and contrary to public policy and the policy of thissection. Such sales are prohibited. Evidence of any sale of anyitem of merchandise by any retailer, wholesaler, wholesaler ofmotor vehicle fuel or refiner at less than cost as defined in this sec-tion shall be prima facie evidence of intent or effect to induce thepurchase of other merchandise, or to unfairly divert trade from acompetitor, or to otherwise injure a competitor.

(4) PENALTIES. For any violation of sub. (3), the departmentor a district attorney may commence an action on behalf of thestate to recover a forfeiture of not less than $50 nor more than $500for the first violation and not less than $200 nor more than $2,500for each subsequent violation.

(5) SPECIAL REMEDIES. In addition to the penalties under sub.(4), both of the following remedies apply for a violation of sub.(3):

(a) The department may issue a special order as provided in s.93.18 against a retailer, wholesaler, wholesaler of motor vehiclefuel or refiner requiring the person to cease and desist from violat-ing this section in the sale of cigarettes or other tobacco products,fermented malt beverages, intoxicating liquor or wine or motorvehicle fuel. The department or a district attorney may commencean action on behalf of the state against a retailer, wholesaler,wholesaler of motor vehicle fuel or refiner who violates a specialorder issued under this paragraph to recover a forfeiture of not lessthan $200 nor more than $5,000 for each violation.

(b) The department or a district attorney may bring an actionto enjoin a violation of this section without being compelled toallege or prove that an adequate remedy at law does not exist. Anaction under this paragraph may be commenced and prosecutedby the department or a district attorney, in the name of the state,in a circuit court in the county where the offense occurred or inDane County, notwithstanding s. 801.50.

(5m) PRIVATE CAUSE OF ACTION. Any person who is injured orthreatened with injury as a result of a sale or purchase of motorvehicle fuel in violation of sub. (3) may bring an action against theperson who violated sub. (3) for temporary or permanent injunc-tive relief or an action against the person for 3 times the amountof any monetary loss sustained or an amount equal to $2,000,whichever is greater, multiplied by each day of continued viola-tion, together with costs, including accounting fees and reason-able attorney fees, notwithstanding s. 814.04 (1). An action underthis subsection may not be brought after 180 days after the date ofa violation of sub. (3).

(5r) PRIVATE CAUSE OF ACTION; SALE OF TOBACCO PRODUCTS.

Any person who is injured or threatened with injury as a result ofa sale or purchase of cigarettes or other tobacco products in viola-tion of this section may bring an action against the person who vio-lated this section for temporary or permanent injunctive relief oran action against the person for 3 times the amount of any mone-tary loss sustained or an amount equal to $2,000, whichever isgreater, multiplied by each day of continued violation, togetherwith costs, including accounting fees and reasonable attorneyfees, notwithstanding s. 814.04 (1).

(6) EXCEPTIONS. (a) The provisions of this section shall notapply to sales at retail or sales at wholesale where:

1. Merchandise is sold in bona fide clearance sales.

2. Perishable merchandise must be sold promptly in order toforestall loss.

3. Merchandise is imperfect or damaged or is being discontin-ued.

4. Merchandise is sold upon the final liquidation of any busi-ness.

5. Merchandise is sold for charitable purposes or to reliefagencies.

6. Merchandise is sold on contract to departments of the gov-ernment or governmental institutions.

7. The price of merchandise is made in good faith to meet anexisting price of a competitor and is based on evidence in the pos-session of the retailer, wholesaler, wholesaler of motor vehiclefuel or refiner in the form of an advertisement, proof of sale orreceipted purchase, price survey or other business record main-tained by the retailer, wholesaler, wholesaler of motor vehicle fuelor refiner in the ordinary course of trade or the usual conduct ofbusiness.

8. Merchandise is sold by any officer acting under the orderor direction of any court.

9. Motor vehicle fuel is sold by a person to a wholesaler ofmotor vehicle fuel, who may sell the motor vehicle fuel at eitherretail or wholesale.

(b) No retailer or wholesaler may claim the exemptions underpar. (a) 1. to 4. if he or she limits or otherwise restricts the quantityof such merchandise which can be purchased by any buyer or if









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he or she fails to conspicuously disclose the reason for such salein all advertisements relating thereto and on a label or tag on suchmerchandise or on a placard where the merchandise is displayedfor sale.

(c) No person may claim the exemption under par. (a) 7. if thatperson holds a permit under subch. II of ch. 139.

(d) No retailer or wholesaler may claim the exemption underpar. (a) 7. if that wholesaler or retailer holds a permit under subch.II of ch. 139.

(7) NOTIFICATION REQUIREMENTS. (a) If a retailer, wholesaler,wholesaler of motor vehicle fuel or refiner lowers in good faith theprice of motor vehicle fuel below the applicable price specifiedunder sub. (2) (am) 1m. to meet an existing price of a competitor,the person shall submit to the department notification of the lowerprice before the close of business on the day on which the pricewas lowered in the form and the manner required by the depart-ment.

(b) Failure to comply with par. (a) creates a rebuttable pre-sumption that the retailer, wholesaler, wholesaler of motor vehiclefuel or refiner did not lower the price to meet the existing price ofa competitor.

(c) If a retailer, wholesaler, wholesaler of motor vehicle fuelor refiner complies with par. (a), all of the following apply:

1. The department may not proceed under sub. (5) against theretailer, wholesaler, wholesaler of motor vehicle fuel or refiner.

2. The retailer, wholesaler, wholesaler of motor vehicle fuelor refiner is immune from liability under sub. (5m).

History: 1973 c. 310; 1979 c. 34 ss. 950o to 950y, 2102 (3) (a); 1979 c. 176, 221;1981 c. 79 s. 17; 1983 a. 189 ss. 136 to 138, 329 (20); 1983 a. 466; 1985 a. 313, 332;1987 a. 175; 1993 a. 16; 1997 a. 55; 2001 a. 16.

Cross−reference: See also s. ATCP 105.01, Wis. adm. code.The state constitution protects the right to a trial by jury for a civil suit brought

under this section. Village Food & Liquor Mart v. H & S Petroleum, Inc., 2002 WI92, 254 Wis. 2d 478, 647 N.W.2d 100, 00−2493.

The only reasonable construction of “terminal closest to the retailer” under sub. (2)(am) 1m. c. is the terminal closest to the location where the retail sale occurs, not thecorporate headquarters of the seller. Gross v. Woodman’s Food Market, Inc., 2002WI App 295, 259 Wis. 2d 181, 655 N.W.2d 718, 01−1746.

Sub. (3) prohibits a sale at less than statutory cost if the seller had either an intentproscribed by the statute or the sale had an effect proscribed by the statute. Gross v.Woodman’s Food Market, Inc., 2002 WI App 295, 259 Wis. 2d 181, 655 N.W.2d 718,01−1746.

This section is not so vague that it constitutes a denial of due process. That a sellermay be penalized even if the seller lacks the intent to violate the section does not vio-late due process. Gross v. Woodman’s Food Market, Inc., 2002 WI App 295, 259 Wis.2d 181, 655 N.W.2d 718, 01−1746.

There is no requirement in sub. (7) that a retailer must conduct a price survey withinany particular time period. The Department of Agriculture, Trade and Consumer Pro-tection by rule recommends that sellers maintain daily price surveys, but the depart-ment does not require or even recommend a survey every 24 hours. 22 Shawano, LLCv. R. C. Samanta Roy Institute of Science and Technology, Inc., 2006 WI App 14, 289Wis. 2d 196, 709 N.W.2d 98, 05−0427.

“Competitor” in the phrase “existing price of a competitor” in sub. (2) (cj) is notlimited to competitors located in Wisconsin. Go America L.L.C. v. Kwik Trip, Inc.,2006 WI App 94, 292 Wis. 2d 795, 715 N.W.2d 746, 05−1512.

Sub. (2) (Lm) [now sub. (2) (k)] qualifies the term “trade discount” in determining“cost to retailer” under sub. (2) (a) for sales of fermented malt beverages and intoxi-cating liquors. Sub. (2) (Lm) [now sub. (2) (k)] is not a catchall prohibition againstall trade discounts and does not apply to bona fide quantity discounts. 63 Atty. Gen.516.

This section does not violate federal antitrust laws or constitutional due process.77 Atty. Gen. 163.

This section was not unconstitutional as applied to a cigarette wholesaler licensedunder s. 139.30 (3). Eby −Brown v. DOR, 295 F.3d 749 (2002).

Flying J, Inc., 597 F. Supp. 2d 848, is reversed. The minimum markup provisionsare not preempted by the Sherman Antitrust Act and are enforceable. Flying J, Inc.v. Van Hollen, 621 F.3d 658 (2010).

Wisconsin’s unfair sales act — Unfair to whom? Waxman. 66 MLR 293 (1983).

100.305 Prohibited selling practices during periods ofabnormal economic disruption. (1) DEFINITIONS. In thissection:

(a) “Consumer goods or services” means goods or services thatare used primarily for personal, family, or household purposes.

(b) “Emergency” includes any of the following:

1. A tornado, flood, fire, storm, or other destructive act ofnature.

2. A disruption of energy supplies to the degree that a seriousrisk is posed to the economic well−being, health, or welfare of thepublic.

3. Hostile action.

4. A strike or civil disorder.

(c) “Hostile action” means an act of violence against a personor property in the United States by a foreign power or by a foreignor domestic terrorist.

(d) “Period of abnormal economic disruption” means a periodof time during which normal business transactions in the state ora part of the state are disrupted, or are threatened to be disrupted,due to an emergency.

(e) “Seller” means a manufacturer, producer, supplier, whole-saler, distributor, or retailer.

(2) PROHIBITION. No seller may sell, or offer to sell, in thisstate at wholesale or at retail, consumer goods or services at unrea-sonably excessive prices if the governor, by executive order, hascertified that the state or a part of the state is in a period of abnor-mal economic disruption.

(3) RULES. The department shall promulgate rules to establishformulas or other standards to be used in determining whether awholesale or retail price is unreasonably excessive.

(4m) ENFORCEMENT; PENALTY. If a seller violates sub. (2), thedepartment or, after consulting with the department, the depart-ment of justice, may do any of the following:

(a) Issue to the seller a warning notice specifying the actionthat the seller is required to take in order not to be in violation ofsub. (2).

(b) Commence an action against the seller in the name of thestate to recover a civil forfeiture of not more $10,000 or to tempo-rarily or permanently restrain or enjoin the seller from violatingsub. (2), or both.

History: 2005 a. 450.Cross−reference: See also ch. ATCP 106, Wis. adm. code.

100.307 Returns during emergency; prohibition.(1) DEFINITIONS. In this section:

(a) “Food product” has the meaning given in s. 93.01 (6).

(b) “Personal care product” has the meaning given in s. 299.50(1) (b).

(2) CERTAIN RETURNS PROHIBITED DURING EMERGENCY. Exceptas provided in sub. (3), no person who sells food products, per-sonal care products, cleaning products, or paper products at retailmay accept a return of a food product, personal care product,cleaning product, or paper product during the public health emer-gency declared on March 12, 2020, by executive order 72, or dur-ing the 30 days immediately after the public health emergencyends.

(3) EXCEPTIONS. A person who sells food products, personalcare products, cleaning products, or paper products at retail mayaccept a return of a food product, personal care product, cleaningproduct, or paper product if any of the following applies:

(a) The product is returned no more than 7 days after purchase.

(b) The product is adulterated within the meaning of s. 97.02or defective as a result of a production error or defect.

(4) OTHER RETURNS ALLOWED. A retailer may accept a returnof a product that is not prohibited by sub. (2).

History: 2019 a. 185.

100.31 Unfair discrimination in drug pricing. (1) DEFI-NITIONS. In this section:

(a) “Drug” means any substance subject to 21 USC 353 (b).

(b) “Purchaser” means any person who engages primarily inselling drugs directly to consumers.

(c) “Seller” means any person who trades in drugs for resaleto purchasers in this state.


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(2) PRICE DISCRIMINATION PROHIBITED. Every seller shall offerdrugs from the list of therapeutically equivalent drugs publishedby the federal food and drug administration to every purchaser inthis state, with all rights and privileges offered or accorded by theseller to the most favored purchaser, including purchase prices forsimilar volume purchases, rebates, free merchandise, samples andsimilar trade concessions. Nothing in this subsection prohibits thegiving of a discount for volume purchases.

(3) TREBLE DAMAGES. Any purchaser damaged by violation ofthis section may bring an action against the seller to recover trebledamages sustained by reason of such violation.

(4) PENALTIES. For any violation of this section, the depart-ment or a district attorney may commence an action on behalf ofthe state to recover a forfeiture of not less than $100 nor more than$10,000 for each offense. Each delivery of a drug sold to a pur-chaser at a price in violation of this section and each separate dayin violation of an injunction issued under this section is a separateoffense.

(5) SPECIAL REMEDIES. The department or a district attorneymay bring an action to enjoin a violation of this section withoutbeing compelled to allege or prove that an adequate remedy at lawdoes not exist. An action under this subsection may be com-menced and prosecuted by the department or a district attorney, inthe name of the state, in a circuit court in the county where theoffense occurred or in Dane County, notwithstanding s. 801.50.

History: 1975 c. 168, 421, 422; 1983 a. 188, 189; 1993 a. 352.

State and local units of government are not “purchasers” under sub. (1), and sellersof drugs are not prohibited from offering or according to them pricing arrangementsthat are not made available to other purchasers. 65 Atty. Gen. 59.

“Most favored purchaser” under sub. (2) does not refer to purchasers outside Wis-consin. The constitutionality of this statute is upheld. K−S Pharmacies v. AmericanHome Products, 962 F.2d 728 (1992).

100.313 Solicitation of a fee for providing a publicrecord. (1) In this section:

(a) “Local unit of government” means a political subdivisionof this state, a special purpose district in this state, an instrumental-ity or corporation of such a political subdivision or special pur-pose district, or a combination or subunit of any of the foregoing.

(b) “Record” means any material on which written, drawn,printed, spoken, visual, or electromagnetic information isrecorded or preserved, regardless of physical form or characteris-tics, which has been created or is being kept by a local unit of gov-ernment or a state agency.

(c) “Solicit” means to directly advertise or market throughwriting or graphics and via mail, telefax, or electronic mail to anindividually identified person, residence, or business location.“Solicit” does not include any of the following:

1. Communicating through a mass advertisement, includinga catalog, a radio or television broadcast, or a website.

2. Communicating via telephone, mail, or electronic commu-nication, if initiated by the consumer.

3. Advertising and marketing to those with whom the solicitorhas a preexisting business relationship.

(d) “State agency” means any office, department, or indepen-dent agency in the executive branch of Wisconsin state govern-ment, the legislature, and the courts.

(2) A business or individual soliciting a fee for providing acopy of a record shall state on the top of the document used for thesolicitation, in at least 24−point type, all of the following:

(a) That the solicitation is not from a state agency or local unitof government.

(b) That no action is legally required by the person being solic-ited.

(c) The fee for, or the cost of, obtaining a copy of the recordfrom the state agency or local unit of government that has custodyof the record.

(d) The information necessary to contact the state agency orlocal unit of government that has custody of the record.

(e) The name and physical address of the business or individ-ual soliciting the fee.

(4) The document used for a solicitation under this sectionmay not be in a form or use deadline dates or other language thatmakes the document appear to be a document issued by a stateagency or local unit of government or that appears to impose alegal duty on the person being solicited. The department may pro-mulgate rules specifying the contents and form of the solicitationdocument.

(5) A business or individual soliciting a fee for providing acopy of a record may not charge a fee of more than 4 times theamount charged by the state agency or local unit of governmentthat has custody of the record for a copy of the same record.

(6) A business or individual soliciting a fee from propertyowners for providing a copy of a deed shall furnish the office ofthe register of deeds of each county where the solicitations are tobe distributed with a copy of the document that will be used forthose solicitations not less than 15 days before distributing thesolicitations.

(7) The department may investigate violations of this section.The department may bring an action or request that the departmentof justice or a district attorney bring an action against any personwho violates this section. The court may order the person whoviolates this section to refund all of the moneys paid to the violatorand to forfeit, for a first violation, not more than $100 for eachsolicitation document distributed in violation of this section, andnot more than $200 for each solicitation document distributed inviolation of this section subsequent to the first violation.

(8) This section does not apply to a title insurance companyauthorized to do business in this state or its authorized agent.

History: 2013 a. 247.

100.315 Solicitation of contract using check or moneyorder. (1) In this section, “check” has the meaning given in s.217.02 (2).

(2) (a) Except as provided in par. (b), no person may solicitthe purchase of goods or services by delivering to a recipient inthis state a document that is or appears to be a check payable to therecipient, if the endorsement of the document purports to bind therecipient to purchasing goods or services and the recipient did notrequest the delivery of the document.

(b) A person may offer an extension of credit by delivering toa recipient in this state a document described in par. (a) only if allof the following apply:

1. The document contains, on its face, both of the following:

a. In at least 24−point type, a statement in substantially the fol-lowing form: “THIS IS A SOLICITATION FOR A LOAN.READ THE ATTACHED DISCLOSURES BEFORE SIGNINGTHIS AGREEMENT.”

b. In at least 10−point type, a statement in substantially thefollowing form: “By endorsing the back of this check, you acceptour offer and agree to the terms of your loan agreement containedin the disclosure statement attached to this check.”

2. Notification of the loan agreement being activated byendorsement is conspicuously printed in at least 10−point type onthe back of the check in substantially the following form: “Byendorsing this check, you agree to repay this loan according to theterms of the attached loan agreement.”

3. The check is attached to a disclosure statement that isdetachable and that contains in at least 14−point boldface type astatement that is conspicuously placed and is in substantially thefollowing form: “This is a loan solicitation. If you cash this check,you are agreeing to borrow the sum of $ .... at the ....% rate of inter-est for a period of .... months. Your monthly payments will be $.... for .... months. If you are late with a payment, you will becharged the following fees in addition to your monthly payment:(list fees). All other terms of this loan are clearly identified as loanterms and appear on the back of the check or on this attachment.Read these terms carefully before you cash this check. Cashing
















this check constitutes a loan transaction. You may cancel this loanby returning the amount of the check to the lender within 10 daysof the date on which this check is cashed. You may prepay thisloan agreement at anytime without penalty. READ THE AGREE-MENT BEFORE SIGNING.”

4. Within 3 business days after the date on which the checkis processed by the lender’s financial institution following negoti-ation of the check by the recipient, the lender who issued the checkverbally discloses to the recipient the terms and conditions of theextension of credit and permits the recipient to return to the lenderthe amount borrowed. If the recipient returns the amount bor-rowed within 5 business days after the check is processed by thelender’s financial institution following negotiation of the check bythe recipient, the lender may not assess the recipient any penalty,finance charge, interest, or fee, and the lender may not take anyaction on the basis of the return that would affect the recipient’scredit score.

(2g) In the event a check described under sub. (2) (b) isobtained by a person other than the intended payee, and the checkis cashed fraudulently or without authorization from the payee,the lender who issued the check shall do all of the following:

(a) Upon receipt of notification that intended payee did notnegotiate the check, promptly provide the intended payee with astatement or affidavit to be signed by the intended payee confirm-ing that the intended payee did not deposit or cash the check orreceive the proceeds of the check. The lender shall provide theintended payee with the name and telephone number of a contactperson designated by the lender to provide assistance to intendedpayees who have been victimized by the fraudulent negotiation ofunsolicited checks and cease all collection activity against theintended payee until the lender completes an investigation into thetransaction.

(b) Direct the intended payee to complete and return the con-firmation statement to the lender or an affiliate of the lender.

(c) Within 30 days of the receipt of the confirmation statement,conduct a reasonable investigation to determine whether thecheck was fraudulently negotiated. Absent evidence to the con-trary, the lender shall presume that the confirmation statementsubmitted by the intended payee is accurate. The lender shallnotify the intended payee in writing of the results of the investiga-tion. If it is determined that the check was cashed fraudulently, thelender shall take immediate action to remove the intended payeefrom all liability on the account and to request all credit reportingagencies to remove references to the transaction, if any, from theintended payee’s credit reports.

(2m) A consumer who is an intended payee of an unsolicitedcheck under this section may bring an action against the violatorto recover damages, costs, and, notwithstanding s. 814.04 (1), rea-sonable attorney fees.

(2r) This section does not apply to a transaction in which therecipient of a check described under sub. (2) (b) has submitted anapplication or requested an extension of credit from the lenderbefore receiving the check or instrument.

(3) The department shall investigate violations of this sectionand may bring an action against a person who violates this sectionto recover a forfeiture of not more than $100 for each solicitationsent in violation of this section, except that the forfeiture may notexceed $10,000 for each 7−day period in which the person vio-lates this section.

History: 2009 a. 150; 2017 a. 365 s. 111.

100.33 Plastic container labeling. (1) DEFINITIONS. Inthis section:

(a) “Beverage” means any alcohol beverage, as defined in s.125.02 (1), malt beverage, tea, bottled drinking water, as definedunder s. 97.34 (1) (a), soda water beverage, as defined under s.97.34 (1) (b), or fruit or vegetable juice or drink which is intendedfor human consumption.

(ad) “Blister pack” means a container in which an item has acovering of plastic film or preformed semirigid plastic and thecovering is affixed to a rigid backing.

(ag) “Bottle” means a plastic container the neck of which issmaller than its body, with a screw−on or press−on lid.

(ar) “Labeling” means attaching information to or embossingor printing information on a plastic container.

(b) “Material recovery” means the reuse, recycling, reclama-tion, composting or other recovery of useful materials from solidwaste, with or without treatment.

(c) “Plastic container” means an individual, separate, rigidplastic bottle, can, jar or carton, except for a blister pack, that isoriginally used to contain a product that is the subject of a retailsale, as defined under s. 100.30 (2) (h).

(d) “Reclamation” means the treatment of solid waste and itsreturn to productive use in a form or for a use that is different fromits original form or use.

(e) “Recycling” means the treatment of solid waste and itsreturn to productive use in a form and for a use that is the same asor similar to the original form and use.

(f) “Reuse” means the return of solid waste to productive usewithout treatment and without changing its form or use.

(g) “Sales at retail” has the meaning given in s. 100.30 (2) (h).

(h) “Sales at wholesale” has the meaning given in s. 100.30 (2)(i).

(2) LABELING RULES REQUIRED. The department shall promul-gate rules establishing labeling requirements for plastic contain-ers. The requirements shall be designed to provide informationneeded by operators of material recovery programs to facilitatethe recycling, reclamation or reuse of plastic containers. The rulespromulgated under this subsection shall permit a manufacturer ofplastic containers and a person who places products in plastic con-tainers to choose an appropriate method of labeling plastic con-tainers. The department shall make an effort to develop ruleswhich are consistent, to the greatest extent practicable, withnational industry−wide plastic container coding systems. Therules shall exempt from the labeling requirements plastic contain-ers that are readily identifiable because of their appearance.

(3) PROHIBITION. (a) Sale of plastic beverage bottles. On andafter January 1, 1991, no person may sell or offer for sale at whole-sale in this state a plastic beverage bottle with a capacity of 8 fluidounces or more, or a beverage in such a plastic bottle, unless thebottle complies with the labeling requirements under sub. (2). Onand after January 1, 1992, no person may sell or offer for sale atretail in this state a plastic beverage bottle with a capacity of 8 fluidounces or more, or a beverage in such a plastic bottle, unless thebottle complies with the labeling requirements under sub. (2).

(b) Sale of other plastic bottles. 1. On and after January 1,1991, no person may sell or offer for sale at wholesale in this stateany plastic bottle with a capacity of 16 fluid ounces or more, or aproduct in such a plastic bottle, unless the bottle complies with thelabeling requirements under sub. (2). On and after January 1,1992, no person may sell or offer for sale at retail in this state anyplastic bottle with a capacity of 16 fluid ounces or more, or a prod-uct in such a plastic bottle, unless the bottle complies with thelabeling requirements under sub. (2).

2. On and after January 1, 1993, no person may sell or offerfor sale at wholesale in this state any plastic bottle with a capacityof at least 8 fluid ounces but less than 16 fluid ounces, or a productin such a plastic bottle, unless the bottle complies with the labelingrequirements under sub. (2). On and after January 1, 1994, no per-son may sell or offer for sale at retail in this state any plastic bottlewith a capacity of at least 8 fluid ounces but less than 16 fluidounces, or a product in such a plastic bottle, unless the bottle com-plies with the labeling requirements under sub. (2).

3. Subdivisions 1. and 2. do not apply to the sale or offer tosell of plastic beverage bottles or beverages in plastic bottles.












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(c) Sale of other plastic containers. 1. On and after January1, 1991, no person may sell or offer for sale at wholesale in thisstate any plastic container with a capacity of 16 fluid ounces ormore, or a product in such a plastic container, unless the containercomplies with the labeling requirements under sub. (2). On andafter January 1, 1992, no person may sell or offer for sale at retailin this state any plastic container with a capacity of 16 fluid ouncesor more, or a product in such a plastic container, unless the con-tainer complies with the labeling requirements under sub. (2).

2. On and after January 1, 1992, no person may sell or offerfor sale at wholesale in this state any plastic container with acapacity of at least 8 fluid ounces but less than 16 fluid ounces, ora product in such a plastic container, unless the container complieswith the labeling requirements under sub. (2). On and after Janu-ary 1, 1993, no person may sell or offer for sale at retail in this stateany plastic container with a capacity of at least 8 fluid ounces butless than 16 fluid ounces, or a product in such a plastic container,unless the container complies with the labeling requirementsunder sub. (2).

3. Subdivisions 1. and 2. do not apply to the sale or offer tosell of any plastic bottles or any products in plastic bottles.

(3m) VARIANCES. Upon request, the department may grant avariance to a prohibition in sub. (3) for up to one year for a typeof plastic container. The department may renew a variance. Thedepartment may only grant a variance if it is not technologicallypossible to label the plastic container.

(4) PENALTY. Any person who violates sub. (3) shall forfeit notmore than $500 for each violation. Each day of violation consti-tutes a separate offense.

History: 1987 a. 293, 403; 1989 a. 31, 335.Cross−reference: See also s. ATCP 137.11, Wis. adm. code.

100.335 Child’s containers containing bisphenol A.(1) In this section, “child’s container” means an empty baby bot-tle or spill−proof cup primarily intended by the manufacturer foruse by a child 3 years of age or younger.

(2) No person may manufacture or sell, or offer for sale, atwholesale in this state a child’s container that contains bisphenolA. A manufacturer or wholesaler who sells or offers for sale in thisstate a child’s container that is intended for retail sale shall ensurethe container is conspicuously labeled as not containing bisphenolA. A manufacturer or wholesaler who sells or offers for sale in thisstate a child’s container that is not intended for retail sale shall doone of the following:

(a) Ensure that the container is conspicuously labeled as notcontaining bisphenol A.

(b) Confirm to the buyer that the container does not containbisphenol A.

(3) No person may sell, or offer for sale, at retail in this statea child’s container that contains bisphenol A. A person who sellsor offers for sale at retail in this state a child’s container shallensure the container is conspicuously labeled as not containingbisphenol A.

(4) (a) The department may commence an action in the nameof the state to restrain by temporary or permanent injunction a vio-lation of this section.

(b) The department or a district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not less than $100 nor more than $10,000 for each violation ofsub. (2). A person who violates sub. (2) may be fined not morethan $5,000 or imprisoned for not more than one year in the countyjail or both.

(c) The department or a district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not less than $50 nor more than $200 for each violation of sub.(3).

(d) For purposes of this subsection, each child’s containermanufactured, sold, or offered for sale in violation of this sectionconstitutes a separate violation.

(5) The department may, after notice and opportunity for hear-ing under s. 93.18, order a manufacturer or seller of a child’s con-tainer in violation of this section to recall the container or to repairany defects in a container that has been sold. No person mayrefuse to comply with an order under this subsection.

(6) This section does not apply to the sale of a used child’s con-tainer.

(7) If a court imposes a fine or forfeiture for a violation of thissection, the court shall impose a bisphenol A surcharge under ch.814 equal to 50 percent of the amount of the fine or forfeiture.

History: 2009 a. 145.

100.35 Furs to be labeled. (1) No person shall sell or offeror display for sale any coat, jacket or other garment made whollyor partially of fur without having attached thereto and conspicu-ously displayed a tag or label bearing in plain print in English thespecies of fur or pelt used therein. This section shall not apply tosuch garments as are displayed or offered for sale or sold at a priceof less than $50.

(2) Any person violating this section shall be punished as ins. 100.26 (1).

100.36 Frauds; substitute for butter; advertisement.No person may use the word “butter” in any way in connection orassociation with the sale or exposure for sale or advertisement ofany substance designed to be used as a substitute for butter. Noperson may use terms such as “cream”, “creamery” or “dairy”, orthe name or representation of any breed of dairy cattle, or anycombination of such words and representation, or any other wordsor symbols or combinations thereof commonly used in the sale ofbutter unless at least 40 percent of the substitute is butterfat. If theterm “butter” is used in connection with the name of any suchproduct, it shall be qualified so as to distinguish it from butter asdefined in s. 97.01 (1r).

History: 1983 a. 189 s. 329 (20); 1991 a. 111; 2013 a. 374; 2015 a. 55.

100.37 Hazardous substances act. (1) In this section:

(a) “Corrosive” means any substance which in contact withliving tissue will cause destruction of tissue by chemical action,but does not refer to action on inanimate surfaces.

(b) “Extremely flammable” applies to any substance whichhas a flash point at or below 20 degrees Fahrenheit as determinedby the Tagliabue open cup tester, and “flammable” applies to anysubstance which has a flash point of above 20 degrees to 80degrees Fahrenheit, as determined by the Tagliabue open cuptester; “combustible” applies to any substance which has a flashpoint above 80 degrees Fahrenheit to 150 degrees as determinedby the Tagliabue open cup tester, except that flammability or com-bustibility of solids and of the contents of self−pressurized con-tainers shall be determined by methods as prescribed under thefederal hazardous substances act (15 USC 1261 et seq) or foundby the department to be generally applicable to such materials orcontainers, and established by rules adopted by the department,which shall also define “flammable”, “combustible” and“extremely flammable” in accordance with such methods.

(c) “Hazardous substance” means:

1. Any substance or mixture of substances, including a toy orother article intended for use by children, which is toxic, is corro-sive, is an irritant, is a strong sensitizer, is flammable or combus-tible, or generates pressure through decomposition, heat or othermeans, if such substance or mixture of substances may cause sub-stantial personal injury or substantial illness during or as a proxi-mate result of any customary or reasonably foreseeable handlingor use, including reasonably foreseeable ingestion by children.

2. Any substances which the department by rule finds, pur-suant to sub. (2) (a), meet the requirements of subd. 1.

2m. Any substance included under sub. (2) (e) 2.

3. Any radioactive substance, if, with respect to such sub-stance as used in a particular class of article or as packaged, thedepartment determines by rule that the substance is sufficiently





















https://docs.legis.wisconsin.gov/document/statutes/97.01(1r)













hazardous to require labeling in accordance with this section inorder to protect the public health.

4. Any toy or other article intended for use by children whichthe department by rule determines in accordance with this sectionto present an electrical, mechanical or thermal hazard or to containa toxic substance either in or on the toy or other article.

5. Except as otherwise provided in this section, “hazardoussubstance” does not apply to pesticides subject to ss. 94.67 to94.71, to foods, drugs and cosmetics, to bullets or other ammuni-tion, or gun powder for reloading ammunition, nor to substancesintended for use as fuels when stored in containers and used in theheating, cooking or refrigeration system of a house, nor does itinclude any source material, special nuclear material or by−prod-uct material as defined in the atomic energy act of 1954, asamended, and regulations of the nuclear regulatory commissionunder such act.

(d) “Highly toxic” means any substance which falls within anyof the following categories: Produces death within 14 days in halfor more of a group of 10 or more laboratory white rats each weigh-ing between 200 and 300 grams, at a single dose of 50 milligramsor less per kilogram of body weight, when orally administered; orproduces death within 14 days in half or more of a group of 10 ormore laboratory white rats each weighing between 200 and 300grams, when inhaled continuously for a period of one hour or lessat an atmosphere concentration of 200 parts per million by volumeor less of gas or vapor or 2 milligrams per liter by volume or lessof mist or dust, provided such concentration is likely to be encoun-tered by persons when the substance is used in any reasonablyforeseeable manner; or produces death within 14 days in half ormore of a group of 10 or more rabbits tested in a dosage of 200 mil-ligrams or less per kilogram of body weight, when administeredby continuous contact with the bare skin for 24 hours or less. Ifthe department finds that available data on human experience withany substance indicate results different from those obtained onanimals in the above named dosages or concentrations, the humandata shall take precedence.

(e) “Immediate container” does not include package liners.

(f) “Irritant” means any substance not corrosive which onimmediate, prolonged or repeated contact with normal living tis-sue will induce a local inflammatory reaction.

(g) “Label” means a display of written, printed or graphic mat-ter upon the immediate container of any substance or upon an arti-cle or tag attached thereto in the case of unpackaged articles; anda requirement made by or under authority of this section that anyword, statement or other information appear on the label shall notbe considered to be complied with unless such word, statement orother information also appears on the outside container or wrap-per, if there is any, unless it is easily legible through the outsidecontainer or wrapper, and on all accompanying literature wherethere are directions for use, written or otherwise.

(h) “Misbranded package” or “misbranded package of a haz-ardous substance” means a hazardous substance in a containerintended or suitable for household use, and includes a toy or otherarticle intended for use by children whether or not in packageform, which, except as otherwise provided under sub. (2), fails tobear a label:

1. Which states conspicuously the name and place of businessof the manufacturer, packer, distributor or seller; the common orusual name, or the chemical name if there is no common or usualname, of the hazardous substance or of each component whichcontributes substantially to its hazard, unless the department byrule permits or requires the use of a recognized generic name; thesignal word “DANGER” on substances which are extremelyflammable, corrosive or highly toxic; the signal word “WARN-ING” or “CAUTION” on all other hazardous substances; anaffirmative statement of the principal hazards, such as “Flam-mable”, “Combustible”, “Vapor harmful”, “Causes burns”,“Absorbed through skin” or similar wording descriptive of the

hazard; precautionary measures describing the action to be fol-lowed or avoided, except when modified by rule of the departmentpursuant to sub. (2); instruction, when necessary or appropriate,for first−aid treatment; the word “poison” for any hazardous sub-stance which is highly toxic; instructions for handling and storageof packages which require special care in handling or storage; andthe statement “Keep out of the reach of children”, or its practicalequivalent or, if the article is intended for use by children and isnot a banned hazardous substance, adequate directions for the pro-tection of children from the hazard; and

2. On which any statements required under subd. 1. arelocated prominently and are in the English language in conspicu-ous and legible type in contrast by typography, layout or colorwith other printed matter on the label.

(hm) “Practitioner” has the meaning given in s. 961.01 (19).

(i) “Radioactive substance” means a substance which emitsionizing radiation.

(j) “Strong sensitizer” means a substance which will cause onnormal living tissue, through an allergic or photodynamic process,a hypersensitivity which becomes evident on reapplication of thesame substances and which is designated as such by the depart-ment. Before designating any substance as a strong sensitizer, thedepartment, upon consideration of the frequency of occurrenceand severity of the reaction, shall find that the substance has a sig-nificant potential for causing hypersensitivity.

(k) “Toxic” applies to any substance, other than a radioactivesubstance, which has the capacity to produce personal injury or ill-ness to persons through ingestion, inhalation, or absorptionthrough any body surface.

(1m) (a) An article may be determined to present an electricalhazard if, in normal use or when subjected to reasonably foresee-able damage or abuse, its design or manufacture may cause per-sonal injury or illness by electric shock.

(b) An article may be determined to present a mechanical haz-ard if, in normal use or when subjected to reasonably foreseeabledamage or abuse, its design or manufacture presents an unreason-able risk of personal injury or illness from any of the following:

1. Fracture, fragmentation or disassembly of the article.

2. Propulsion of the article, or any part or accessory of the arti-cle.

3. Points or other protrusions, surfaces, edges, openings orclosures.

4. Moving parts.

5. Lack or insufficiency of controls to reduce or stop motion.

6. Self−adhering characteristics of the article.

7. Aspiration or ingestion of the article, or any part or acces-sory of the article.

8. Instability of the article.

9. Any other aspect of the article’s design or manufactureincluding the capability of producing sounds at a level of 138 deci-bels or higher.

(c) An article may be determined to present a thermal hazardif, in normal use or when subjected to reasonably foreseeabledamage or abuse, its design or manufacture presents an unreason-able risk of personal injury or illness because of heat as fromheated parts, substances or surfaces.

(2) (a) Whenever in the judgment of the department suchaction will promote the objectives of this section by avoiding orresolving uncertainty as to its application, the department may byrule declare to be a hazardous substance, for the purposes of thissection, any substance or mixture of substances which it findsmeets the requirements of sub. (1) (c) 1.

(b) If the department finds that the requirements of this sectionare not adequate for the protection of the public health and safetyin view of the special hazards presented by any particular hazard-ous substance, it may by rule establish such reasonable variations





https://docs.legis.wisconsin.gov/document/statutes/100.37(1)(h)1.






or additional requirements as it finds necessary for the protectionof the public health and safety.

(c) If the department finds that, because of the size of the pack-age involved or because of the minor hazard presented by the sub-stance contained therein, or for other good and sufficient reasons,full compliance with the labeling requirements otherwise applica-ble under this section is impracticable or is not necessary for theadequate protection of the public health and safety, it may exemptsuch substances from these requirements to the extent it deter-mines to be consistent with adequate protection of the publichealth and safety.

(d) The department may by rule prohibit the sale of a hazardoussubstance if it finds that notwithstanding cautionary labeling thatis or may be required the degree or nature of the hazard involvedin the presence or use of such substance is such that the publichealth and safety can only be protected by keeping such substanceout of the channels of commerce in this state.

(e) 1. The department may summarily ban the sale or distribu-tion of any hazardous substance or article if it finds that the hazardto public health or safety is so great that such hazard should notbe permitted to continue. The department shall follow the proce-dure specified in s. 93.18 (3).

2. In addition to subd. 1. and except as provided in subd. 3.,all of the following are hazardous substances, possess such adegree of hazard that adequate cautionary labeling cannot be writ-ten and may not be sold or distributed:

a. Propyl nitrite, isopropyl nitrite and mixtures containingpropyl nitrite or isopropyl nitrite.

b. The nitrous acid esters of all alcohols having the formulaof 5 carbon atoms, 12 hydrogen atoms and one oxygen atomincluding 1−pentyl nitrite, 2−pentyl nitrite, 3−pentyl nitrite,2−methyl−1−butyl nitrite, 3−methyl−1−butyl nitrite (also knownas isoamyl nitrite or isopentyl nitrite), 2−methyl−2−butyl nitrite(also known as tertiary pentyl nitrite), 3−methyl−2−butyl nitrite,2, 2−dimethylpropyl nitrite (also known as neopentyl nitrite) andmixtures containing more than 5 percent of 1−pentyl nitrite,2−pentyl nitrite, 3−pentyl nitrite, 2−methyl−1−butyl nitrite,3−methyl−1−butyl nitrite, 2−methyl−2−butyl nitrite,3−methyl−2−butyl nitrite or 2, 2−dimethyl nitrite.

c. Ethyl chloride and ethyl nitrite.

d. Any toy containing elemental mercury.

3. Subdivisions 1. and 2. do not apply to the sale or distribu-tion of isoamyl nitrite (3−methyl−1−butyl nitrite) or ethyl chlorideas prescription drugs obtained from, or pursuant to a valid pre-scription or order of, a practitioner while acting in the course ofprofessional practice.

(f) The department may by rule prescribe the methods of saleof hazardous substances, including but not limited to glues,cements and hobby kit fuels, and may regulate the manner of dis-play and restrict access by the general public to hazardous sub-stances.

(g) The department may by rule prescribe package safety stan-dards, including type of package material and safety closures forhazardous substances and pesticides, and may prohibit the sale ofnoncomplying or defective packages.

(h) The department may by rule limit or ban the use of anyingredient or combination of ingredients in any hazardous sub-stance if it finds such action necessary to adequately protect thepublic health and safety.

(3) The following acts and the causing thereof are prohibited:

(a) The sale, or offering or exposing for sale of any misbrandedpackage of a hazardous substance.

(b) The alteration, mutilation, destruction, obliteration orremoval of the whole or any part of the label of, or the doing of anyother act with respect to, a hazardous substance, if such act is donewhile the substance is held for sale, and results in the hazardoussubstance being in a misbranded package.

(c) The sale, or offering or exposing for sale of a hazardoussubstance in a reused food, drug or cosmetic container or in a con-tainer which, though not a reused container, is identifiable as afood, drug or cosmetic container by its labeling or by other identi-fication. The reuse of a food, drug or cosmetic container as a con-tainer for a hazardous substance shall be deemed to be an actwhich results in the hazardous substance being in a misbrandedpackage.

(d) The sale or offering for sale of any hazardous substancecontrary to this section or to any rule or order of the departmentissued under this section.

(e) The sale or offering for sale, in violation of this section, ofany article or substance which is a hazardous substance within themeaning of this section or the federal hazardous substances act (15USC 1261 et seq).

(4) The department may apply to any court of competent juris-diction for a temporary or permanent injunction restraining anyperson from violating sub. (3); irrespective of whether or not thereexists an adequate remedy at law.

(5) If the department has reasonable cause to believe that anysubstance is in violation of this section or poses an imminent haz-ard to public health or safety, it may deliver to the owner or custo-dian thereof an order prohibiting the sale or movement of suchsubstance until an analysis or examination has been completed.Such holding order is not effective for more than 14 days from thetime of delivery thereof. The substance described in any suchholding order may not be sold or moved for any purpose withoutthe approval of the department. If the department, after analysisor examination, determines that the substance described in suchorder is not in violation of this section, it shall promptly notify theowner or custodian thereof and such notice shall terminate theholding order. If the analysis or examination shows that the sub-stance is in violation of this section, the owner or custodian thereofshall be so notified in writing within the effective time of the hold-ing order. Upon receipt of such notice the owner or custodian maydispose of the substance only as authorized by the department.The owner or custodian of the substance or article may within 10days of receipt of such notice petition for a hearing as provided ins. 93.18.

(6) Nothing in this section shall affect the application of anylaw of this state specifically regulating any substance regulated bythis section.

(7) Any manufacturer, distributor or retailer of a misbrandedor banned package containing a hazardous substance shall, ondemand of any person purchasing such products from it, if thepackage is misbranded at the time of sale or banned, repurchasesuch product and refund the full purchase price thereof to the pur-chaser making the demand for refund. If the purchaser is requiredto return the product to the manufacturer, distributor or retailer asa condition to the repurchase and refund, the purchaser shall bereimbursed for any reasonable and necessary charges incurred inits return.

(8) Whoever violates this section may be fined not more than$5,000 or imprisoned not more than one year in the county jail orboth.

History: 1975 c. 94 s. 91 (10); 1975 c. 117; 1983 a. 189 ss. 140, 141, 329 (20);1991 a. 39; 1993 a. 34; 1995 a. 225, 448.


Federal preemption — The consumer product safety act of 1976 and its effect onWisconsin law. 1977 WLR 813.

100.38 Antifreeze. (1) DEFINITION. “Antifreeze” includesall substances intended for use as the cooling medium, or to beadded to the cooling liquid, in the cooling system of internal com-bustion engines in order to prevent freezing of the cooling liquid,or to lower its freezing point.

(2) ADULTERATION. An antifreeze is adulterated if:

























(a) It consists in whole or in part of any substance which willrender it injurious to the cooling system of an internal combustionengine; or

(b) It will make the operation of an engine dangerous to theuser; or

(c) Its strength, quality or purity falls below the standards rep-resented.

(3) MISBRANDING. An antifreeze shall be deemed to be mis-branded if:

(a) Its labeling is false or misleading in any particular; or

(b) When in package form it does not bear a label containingthe name and place of business of the manufacturer, packer, selleror distributor, together with an accurate statement of the quantityof the content in terms of weight and measure on the outside of thepackage; or

(c) It does not bear a statement warning of any hazard of sub-stantial injury to human beings which may result from theintended use or reasonably foreseeable misuse of the antifreeze,and which complies with the requirements of s. 100.37.

(5) INSPECTION. The department shall enforce this section byinspection, chemical analyses or any other appropriate methodand the department may promulgate such rules as are necessaryto effectively enforce this section.

(6) ENFORCEMENT. It is unlawful to sell any antifreeze whichis adulterated or misbranded. In addition to the penalties providedunder sub. (7), the department may bring an action to enjoin viola-tions of this section.

(7) PENALTY. Any person violating this section may be finednot less than $50 or not more than $500 for each offense.

History: 1971 c. 40 s. 93; 1979 c. 89, 342.Cross−reference: See also ch. ATCP 139, Wis. adm. code.

100.383 Antifreeze; bittering required. (1) Any enginecoolant or antifreeze that is sold within this state and that containsmore than 10 percent ethylene glycol, shall contain, as a bitteringagent, denatonium benzoate in a concentration of not less than 30parts per million nor more than 50 parts per million.

(2) A manufacturer of an engine coolant or antifreezedescribed in sub. (1) shall maintain a record of the trade name, sci-entific name, and active ingredients of any bittering agent used inthe engine coolant or antifreeze, and shall make the record avail-able to the public upon request.

(3) Notwithstanding s. 100.38, a manufacturer, processor, dis-tributor, recycler, or seller of an engine coolant or antifreeze thatis described in sub. (1) is not liable to any person for any personalinjury, death, property damage, environmental damage, includingdamage to natural resources, or economic loss caused by the inclu-sion of denatonium benzoate in the engine coolant or antifreeze,if the denatonium benzoate is present in a concentration requiredin sub. (1).

(4) This section does not apply to the sale of a motor vehiclethat contains engine coolant or antifreeze or to antifreeze sold incontainers with a capacity of 55 gallons or more.

(5) A person who violates this section may be imprisoned inthe county jail for not more than 90 days or fined not more than$1,500 or both.

History: 2009 a. 381.

100.41 Flammable fabrics. (1) DEFINITIONS. In this sec-tion:

(a) “Article of wearing apparel” means any costume or articleof clothing worn or designed to be worn by individuals.

(b) “Clear and present hazard” means a hazard found by thedepartment to constitute a demonstrable danger to human safety,life or property.

(c) “Fabric” means any material woven, knitted, felted or oth-erwise produced from or in combination with any natural or syn-thetic fiber, film or substitute therefor which is manufactured or

designed for use and may reasonably be expected to be used in anyproduct or to cover any product.

(d) “Federal act” means the federal flammable fabrics act, 15USC 1191 et seq.

(e) “Furnishing” means any type of furnishing made in wholeor in part of fabric or related material and which is manufacturedor designed for use and may reasonably be expected to be used inor around homes, offices or other places of assembly or accommo-dation.

(f) “Product” means any article of wearing apparel, fabric orfurnishing, including tents, awnings and knapsacks.

(g) “Related material” means paper, plastic, rubber, syntheticfilm or synthetic foam which is manufactured or designed for useor which may reasonably be expected to be used in or on any prod-uct.

(2) STANDARDS OF FLAMMABILITY. The department may byrule prescribe standards of flammability that have been promul-gated pursuant to the federal act.

(3) PROHIBITED ACTS. No person may manufacture for sale,sell or offer for sale in this state any furnishing, product, fabric orrelated material in violation of this section or of any standards orrules adopted by the department under this section, or which failsto conform with applicable standards under the federal act.

(4) RULES. In addition to standards of flammability, thedepartment may by rule prescribe labeling requirements that havebeen established by rules promulgated pursuant to the federal act,and may ban the sale of any product or material if it finds that itsflammability is such as to constitute a clear and present hazard topersonal safety or property.

(5) REMOVAL FROM SALE. The department may summarily banthe sale or distribution of any furnishing, fabric, product or relatedmaterial if it finds that the hazard of flammability is so great thatsuch hazard should not be permitted to continue prior to the timea hearing can be held. The department shall follow the procedurespecified in s. 93.18 (3).

History: 1975 c. 117.

100.42 Product safety. (1) DEFINITIONS. In this section:

(a) “Aircraft” has the meaning given under s. 114.002 (3).

(b) “Boat” has the meaning given under s. 30.50 (2).

(c) “Consumer product” means any article, or component partthereof, produced or distributed for sale, or sold to consumers forpersonal use, consumption or enjoyment in or around the home,or for recreational or other purposes; but does not include bulletsor other ammunition, or gun powder for reloading ammunition,motor vehicles or motor vehicle equipment, aircraft or aircraftequipment, boats or marine equipment, pesticides, hazardous sub-stances, food and drugs, including animal feeds and drugs, orother products to the extent that they are regulated under otherstate or federal laws, or the state is specifically preempted fromfurther regulation under federal law.

(d) “Drug” has the meaning given under s. 450.01 (10).

(e) “Federal act” means the federal consumer product safetyact, 15 USC 2051 et seq.

(f) “Food” has the meaning given under s. 97.01 (6).

(g) “Labeling” means all labels and other written, printed orgraphic matter on or attached to or accompanying any consumerproduct.

(h) “Motor vehicle” has the meaning given under s. 340.01(35).

(i) “Pesticide” has the meaning given under s. 94.67 (25).

(2) SAFETY STANDARDS. The department may by rule adoptconsumer product safety standards that have been promulgatedpursuant to the federal act.

(3) REMOVAL FROM SALE: REPAIR OR REPLACEMENT. (a) Thedepartment may summarily ban the sale of any consumer productmanufactured, sold or distributed in violation of this section or anyrule adopted under this section, or which presents an unreasonable




























risk of injury or imminent hazard to the public health, welfare andsafety. Any such product may be summarily banned notwith-standing the existence of applicable safety standards or actiontaken toward the development or adoption of a standard. Thedepartment shall follow the procedure specified in s. 93.18 (3).

(b) If the department determines that a product presents a sub-stantial hazard or risk of injury, the department may, after noticeand opportunity for hearing under s. 93.18, order the manufac-turer, distributor or retailer of such product:

1. To bring such product into compliance with requirementsof applicable consumer product safety standards, to recall suchproduct or to repair any defects in products which have been sold;

2. To replace such product with a like or equivalent productwhich complies with applicable consumer product safety stan-dards or which does not contain the defect; or

3. To refund the purchase price of the product.

(4) PROHIBITED ACTS; ENFORCEMENT. No person may manu-facture, sell or distribute for sale any consumer product which isnot in compliance with applicable consumer product safety stan-dards under the federal act or rules of the department, or which hasbeen banned as a hazardous product or ordered from sale by thedepartment. No person may fail or refuse to comply with an orderunder sub. (3) (b) or any other rule or order under this section. Inaddition to other penalties and enforcement procedures, thedepartment may apply to any court of competent jurisdiction fora temporary or permanent injunction restraining any person fromviolating this section or rules adopted under this section.

(5) EXEMPTIONS. Except with respect to a consumer productwhich is the subject of a temporary or permanent injunction or anorder of the department banning its manufacture, sale or distribu-tion, sub. (4) does not apply to any person who holds a certificateissued in accordance with section 14 (a) of the federal act to theeffect that such consumer product conforms to all applicable con-sumer product safety standards under such act, unless such personknows that such consumer product does not conform; or to anyperson who relies in good faith on the representation of the manu-facturer or distributor of such product that the product is not sub-ject to an applicable safety standard under the federal act.

History: 1975 c. 117; 1977 c. 106 s. 15; 1981 c. 20 s. 2202 (51) (a); 1983 a. 27s. 2202 (38); 1983 a. 189 s. 329 (20); 1985 a. 146 s. 8.

Cross−reference: See also ch. ATCP 139, Wis. adm. code.Federal preemption—The consumer product safety act of 1976 and its effect on

Wisconsin law. 1977 WLR 813.

100.43 Packaging standards; poison prevention.(1) DEFINITIONS. In this section:

(a) “Cosmetic” means articles other than soap, applied to thehuman body or any part thereof for cleansing, beautifying, pro-moting attractiveness, or altering the appearance, or any compo-nent of any such article.

(b) “Drug” has the meaning given under s. 450.01 (10), andincludes animal drugs.

(c) “Federal act” means the federal poison prevention packag-ing act, 15 USC 1471 et seq.

(d) “Food” has the meaning given under s. 97.01 (6), andincludes animal feeds.

(e) “Hazardous substance” has the meaning given under s.100.37 (1) (c).

(f) “Household substance” means any substance customarilyproduced, distributed for sale, or sold to individuals for consump-tion or use in or about the household, or which is customarily keptor stored by individuals in or about the household, and which isa hazardous substance, a pesticide, a food, drug or cosmetic, or asubstance intended for use as fuel when stored in a portable con-tainer and used in the heating, cooking, or refrigeration system ofa house.

(g) “Labeling” means all labels and other written, printed, orgraphic matter upon any household substance or its package, oraccompanying such substance.

(h) “Package” means the immediate container or wrapping inwhich any household substance is contained for consumption, useor storage by individuals in or about the household and, for pur-poses of labeling conventional packaging under sub. (3), includesany outer container or wrapping used for retail display of any suchsubstance to consumers. The term does not apply to shipping con-tainers or wrappings used solely for the transportation of house-hold substances in bulk or quantity to manufacturers, packers, orprocessors, or to wholesale or retail distributors thereof, or to con-tainers or wrappings used by retailers to ship or deliver householdsubstances to consumers, unless they are the only containers orwrappings used to ship or deliver the household substance to theconsumer.

(i) “Pesticide” has the meaning given under s. 94.67 (25).

(j) “Special packaging” means packaging designed or con-structed to make it significantly difficult for children under 5 yearsof age to open or obtain a toxic or harmful amount of the house-hold substance contained therein within a reasonable time, butwhich may be readily opened by normal adults.

(2) PACKAGING STANDARDS. The department may by ruleadopt special packaging standards that have been promulgatedpursuant to the federal act.

(3) CONVENTIONAL PACKAGING EXEMPTIONS. (a) The manu-facturer or packer of a household substance subject to specialpackaging standards may, as necessary to make such substanceavailable to elderly or handicapped persons unable to use suchsubstances when packaged in compliance with such standards,package any household substances subject to such standards inconventional packaging of a single size which does not complywith such standard if:

1. The manufacturer or packer also supplies such substancein packages which comply with applicable standards; and

2. The packages bear conspicuous labeling stating: “Thispackage for households without young children”, or such otherstatement as may be prescribed under applicable standards.

(b) If it is determined that a household substance packaged innoncomplying package is not also being supplied by the manufac-turer or packer in popular size packages which comply with spe-cial packaging standards, the department may by special orderrequire the manufacturer or packer of such substance to packageit exclusively in special packaging complying with applicablestandards.

(c) A household substance, subject to special packaging stan-dards, which is dispensed pursuant to a prescription of a physi-cian, dentist, or other licensed medical practitioner may be sold inconventional or noncomplying packages when directed in suchprescription or requested by the purchaser.

(4) PROHIBITED ACTS; ENFORCEMENT. (a) No person may man-ufacture, distribute or sell any household substance which is notpackaged in compliance with applicable special packaging stan-dards under the federal act or rules of the department. No personmay violate this section or any rule or order issued under this sec-tion.

(b) The department may summarily ban the sale or distributionof any household substance which is sold or offered for sale in vio-lation of this section or of any rules or order issued under this sec-tion. The department shall follow the procedure specified in s.93.18 (3).

(c) The department may apply to any court of competent juris-diction for a temporary or permanent injunction restraining anyperson from violating this section, or any rule or order issuedunder this section.

History: 1975 c. 117; 1977 c. 106 s. 15; 1977 c. 272; 1983 a. 189 s. 329 (20); 1985a. 146 s. 8.


100.44 Identification and notice of replacement partmanufacturer. (1) DEFINITIONS. In this section:





































(a) “Motor vehicle” means any motor−driven vehicle requiredto be registered under ch. 341 or exempt from registration unders. 341.05 (2), including a demonstrator or executive vehicle nottitled or titled by a manufacturer or a motor vehicle dealer. “Motorvehicle” does not mean a moped, semitrailer or trailer designed foruse in combination with a truck or truck tractor.

(b) “Replacement part” means a replacement for any of thenonmechanical sheet metal or plastic parts that generally consti-tute the exterior of a motor vehicle, including inner and outer pan-els.

(2) IDENTIFICATION ON REPLACEMENT PART. A replacement partthat is not made by or for a person who manufactures motor vehi-cles shall have the logo or name of the manufacturer of thereplacement part affixed to or inscribed on the replacement part.The logo or name shall be placed on the replacement part so thatto the extent practicable it is visible after installation.

(3) SALE OF UNLABELED REPLACEMENT PARTS. On or after Janu-ary 1, 1993, no person may sell in this state or deliver for sale inthis state a replacement part that is not made by or for a person whomanufactures motor vehicles unless the replacement part identi-fies its manufacturer as required under sub. (2).

(4) PENALTY. Any person who violates sub. (3) may berequired to forfeit not more than $500 for each violation. Each dayof violation constitutes a separate offense.

(5) ENFORCEMENT. For any violation of sub. (3), the depart-ment may, on behalf of the state, bring an action in any court ofcompetent jurisdiction for the recovery of forfeitures authorizedunder sub. (4), for temporary or permanent injunctive relief andfor any other appropriate relief. The court may make any order orjudgment that is necessary to restore to any person any pecuniaryloss suffered because of a violation of sub. (3) if proof of the lossis shown to the satisfaction of the court.

History: 1991 a. 176.

100.45 Mobile air conditioners. (1) DEFINITIONS. In thissection:

(a) “Approved refrigerant recovery equipment” means equip-ment that the department or an independent standards testingorganization approved by the department determines will mini-mize the release of ozone−depleting refrigerant when the equip-ment is used to transfer ozone−depleting refrigerant from mobileair conditioners into storage tanks.

(ad) “Approved refrigerant recycling equipment” meansequipment that the department or an independent standards test-ing organization approved by the department determines will treatozone−depleting refrigerant removed from a mobile air condi-tioner so that the ozone−depleting refrigerant meets the standardof purity for recycled refrigerant from mobile air conditionersestablished under sub. (5) (a) 1.

(ag) “Distributor” has the meaning given in s. 218.0101 (6).

(ar) “Manufacturer” has the meaning given in s. 218.0101(20), except that, if more than one person satisfies the definitionin s. 218.0101 (20) with respect to a motor vehicle, “manufac-turer” means the person who installs the mobile air conditionerthat is in the motor vehicle when the motor vehicle is distributedfor sale in this state.

(b) “Mobile air conditioner” means mechanical vapor com-pression refrigeration equipment used to cool the driver or passen-ger compartment of a motor vehicle.

(c) “Motor vehicle” has the meaning given in s. 340.01 (35).

(d) “Ozone−depleting refrigerant” means a substance used inrefrigeration that is or contains a class I substance, as defined in42 USC 7671 (3) or a class II substance, as defined in 42 USC 7671(4).

(dm) “State agency” means any office, department, agency,institution of higher education, association, society, or other bodyin state government created or authorized to be created by the con-stitution or any law which is entitled to expend moneys appro-

priated by law, including the legislature and the courts, the Wis-consin Housing and Economic Development Authority, theBradley Center Sports and Entertainment Corporation, the Uni-versity of Wisconsin Hospitals and Clinics Authority, the Wiscon-sin Health and Educational Facilities Authority, the WisconsinAerospace Authority, the Wisconsin Economic DevelopmentCorporation, and the Fox River Navigational System Authority.

(e) “Trailer refrigeration equipment” means mechanical vaporcompression refrigeration equipment used to cool a trailerdesigned for carrying property wholly on its own structure and forbeing drawn by a motor vehicle.

(2) DISTRIBUTION OF MOBILE AIR CONDITIONERS. (a) A manu-facturer or distributor may not distribute for sale in this state amobile air conditioner that contains ozone−depleting refrigerantand that is original equipment in a new motor vehicle.

(b) The department may waive the application of par. (a) to amanufacturer or distributor for a period of one year if any of thefollowing applies:

1. All substitutes for ozone−depleting refrigerant are toxicand their use is not safe for consumers, industry or the environ-ment.

2. Substitutes for ozone−depleting refrigerant are not avail-able in sufficient quantities for the manufacturer or distributor tocomply with par. (a).

3. An acceptable mobile air conditioner cannot be manufac-tured in sufficient quantities for the manufacturer to comply withpar. (a) and the progress made by the manufacturer or distributortoward complying with par. (a) is comparable with the progressmade by other manufacturers and distributors toward complyingwith par. (a).

(3) SALE OF REFRIGERANT. (a) After December 31, 1990, noperson may sell or offer to sell any ozone−depleting refrigerant ina container holding less than 15 pounds of ozone−depleting refrig-erant.

(b) No person may sell or offer to sell new or reclaimed ozone−depleting refrigerant for use in a mobile air conditioner or in trailerrefrigeration equipment except to one of the following:

1. A person who intends to resell the ozone−depleting refrig-erant.

2. A person who is properly trained and certified as specifiedby the federal environmental protection agency under 42 USC7671h.

(c) No person may offer to sell, sell or otherwise transfer pos-session of ozone−depleting refrigerant that was removed from amobile air conditioner but has not been reclaimed unless all of thefollowing apply:

1. The person or another person uses approved refrigerantrecovery equipment to remove the ozone−depleting refrigerantfrom mobile air conditioners.

2. The person provides to the department upon request theidentity of each person to whom it sells or otherwise transfers pos-session of the recovered ozone−depleting refrigerant.

3. The person informs each person to whom it sells or other-wise transfers possession of the ozone−depleting refrigerant thatthe ozone−depleting refrigerant has not been reclaimed and, if theozone−depleting refrigerant has not been recycled, that theozone−depleting refrigerant has not been recycled.

4. All of the recovered ozone−depleting refrigerant is con-veyed in a safe and timely manner to a refrigerant reclamationfacility that is recognized by the department or to a person who isproperly trained and certified as specified by the federal environ-mental protection agency under 42 USC 7671h.

(4) SERVICING. No person, including a state agency, may per-form motor vehicle repair that releases or may release ozone−depleting refrigerant from a mobile air conditioner or trailerrefrigeration equipment or may install or service a mobile air con-






















https://docs.legis.wisconsin.gov/document/usc/42%20USC%207671h






ditioner or trailer refrigeration equipment that contains ozone−depleting refrigerant unless all of the following apply:

(a) The person does not use ozone−depleting refrigerant forcleaning purposes including to clean the interior or exterior sur-faces of mobile air conditioners or trailer refrigeration equipment.

(b) Whenever the person removes ozone−depleting refrigerantfrom a mobile air conditioner or trailer refrigeration equipmentthe person pumps the ozone−depleting refrigerant into storagetanks.

(c) The person or another person does one of the followingwith any used ozone−depleting refrigerant:

1. Recycles the used ozone−depleting refrigerant usingapproved refrigerant recycling equipment at the establishmentwhere the ozone−depleting refrigerant is removed or at anotherlocation and either reuses the recycled ozone−depleting refriger-ant in servicing a mobile air conditioner or trailer refrigerationequipment or sells or otherwise transfers possession of the recy-cled ozone−depleting refrigerant for conveyance to a refrigerantreclamation facility that is recognized by the department.

2. Removes the used ozone−depleting refrigerant usingapproved refrigerant recovery equipment and sells or otherwisetransfers possession of the recovered ozone−depleting refrigerantin compliance with sub. (3) (c).

(d) The individuals who use the equipment under par. (c) havebeen properly trained and certified as specified by the federalenvironmental protection agency under 42 USC 7671h.

(e) The person does not knowingly or negligently releaseozone−depleting refrigerant to the environment, except for mini-mal releases that occur during efforts to recover or recycle ozone−depleting refrigerant removed from mobile air conditioners ortrailer refrigeration equipment.

(f) The person inspects and, if necessary, repairs mobile airconditioners or trailer refrigeration equipment that leaks or is sus-pected of leaking before putting additional ozone−depletingrefrigerant into those mobile air conditioners or trailer refrigera-tion equipment.

(h) The person has been properly trained and certified as speci-fied by the federal environmental protection agency under 42USC 7671h.

(5) DEPARTMENT DUTIES. The department shall do all of thefollowing:

(a) Promulgate rules for the administration of this sectionincluding establishing all of the following:

1. A standard of purity for recycled refrigerant from mobileair conditioners that is based on recognized national industry stan-dards.

3. Fees to cover the costs of administering this section.

(b) Identify approved refrigerant recycling equipment andapproved refrigerant recovery equipment or approve independenttesting organizations that may identify approved refrigerant recy-cling equipment and approved refrigerant recovery equipment.

(5e) DEPARTMENT POWERS. (a) Except as provided in par. (b),the department may promulgate rules providing that any portionof sub. (3) or (4) applies with respect to a substance used as a sub-stitute for an ozone−depleting refrigerant.

(b) The department may not promulgate rules prohibiting thesale or offering for sale of any substance used as a substitute foran ozone−depleting refrigerant in a container holding less than 15pounds of the substance or regulating an individual’s noncommer-cial use of such a substance that is sold in such a container.

(6) PENALTIES. (a) Any person who violates sub. (2) shall berequired to forfeit $1,000. Each motor vehicle distributed in vio-lation of sub. (2) constitutes a violation.

(b) Any person who violates sub. (3) shall be required to forfeitnot less than $50 nor more than $1,000. Each sale in violation ofsub. (3) constitutes a violation.

(c) Any person who violates sub. (4) shall be required to forfeitnot less than $50 nor more than $1,000. Each repair, installationor servicing in violation of sub. (4) constitutes a violation.

History: 1989 a. 284; 1991 a. 97; 1993 a. 243; 1997 a. 27, 165; 1999 a. 31; 2001a. 16; 2005 a. 335; 2009 a. 28; 2011 a. 7, 10, 187; 2013 a. 166 s. 77; 2013 a. 312.


100.46 Energy consuming products. (1) ENERGY CON-SERVATION STANDARDS. The department may by rule adopt energyconservation standards for products that have been established inor promulgated under 42 USC 6291 to 6309.

(2) PROHIBITED ACTS; ENFORCEMENT. No person may sell atretail, install or cause to be installed any product that is not in com-pliance with rules promulgated under sub. (1). In addition to otherpenalties and enforcement procedures, the department may applyto a court for a temporary or permanent injunction restraining anyperson from violating a rule adopted under sub. (1).

History: 1993 a. 414.NOTE: 1993 Wis. Act 414, which creates this section, contains extensive

explanatory notes.

100.47 Sales of farm equipment. (1) DEFINITION. In thissection, “farm equipment” means a tractor or other machineryused in the business of farming.

(2) SAFETY EQUIPMENT REQUIRED. No person in the businessof selling farm equipment may sell farm equipment unless, at thetime of sale, the farm equipment is equipped with all of the follow-ing:

(a) A power takeoff master shield, if a tractor.

(b) A power takeoff driveline shield extending to the 2nd uni-versal joint, if farm equipment powered by a tractor.

(c) Lights, reflectors, and other marking devices meeting theapplicable requirements under ch. 347 at the time the farm equip-ment was manufactured, if farm equipment that can be operatedon a highway.

(d) A slow moving vehicle emblem meeting standards andspecifications established under s. 347.245, if farm equipmentthat can be operated on a highway.

(3) DISCLOSURE. (a) If farm equipment subject to sub. (2) (b)is equipped with a power takeoff shield that is not equivalent to theshield installed at the time of manufacture, the person who sellsthe farm equipment shall so notify the buyer in writing.

(b) No person in the business of selling farm equipment maysell farm equipment that can be operated on a highway unless, atthe time of sale, the person who sells the farm equipment disclosesto the buyer in writing the gross vehicle weight and axle weightsof the unladen farm equipment at the point of sale.

(4) EXCEPTIONS. Subsections (2) and (3) (b) do not apply to:

(a) Sales of farm equipment to another person in the businessof selling farm equipment for the purpose of resale.

(b) Sales of farm equipment for the purpose of salvage.

(c) Sales by auction, unless the auctioneer holds title to thefarm equipment being sold.

(5) PENALTY. Any person who violates this section may berequired to forfeit not more than $500 for each violation.

History: 1993 a. 455; 1993 a. 491 s. 142; Stats. 1993 s. 100.47; 2013 a. 377; 2015a. 15, 232.

100.48 Hour meter tampering. (1) In this section:

(ad) “All−terrain vehicle” has the meaning given in s. 340.01(2g).

(ag) “Boat” has the meaning given in s. 30.50 (2).

(am) “Farm equipment” means a tractor or other machineryused in the business of farming.

(b) “Hour meter” means an instrument that measures andrecords the actual hours of operation of the vehicle or device towhich the instrument is attached.






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https://docs.legis.wisconsin.gov/document/statutes/340.01(2g)






(bg) “Off−highway motorcycle” has the meaning given in s.23.335 (1) (q).

(c) “Snowmobile” has the meaning given in s. 350.01 (12).

(d) “Utility terrain vehicle” has the meaning given in s. 23.33(1) (ng).

(2) No person may, either personally or through an agent,remove, replace, disconnect, reset, tamper with, alter, or fail toconnect, an hour meter attached to farm equipment, a snowmo-bile, an all−terrain vehicle, a utility terrain vehicle, an off−high-way motorcycle, or a boat with the intent to defraud by changingor affecting the number of hours of operation indicated on the hourmeter.

(3) (a) Nothing in this section shall prevent the service, repairor replacement of an hour meter if the number of hours of opera-tion indicated on the hour meter remains the same as before theservice, repair or replacement. If an hour meter attached to farmequipment, a snowmobile, an all−terrain vehicle, a utility terrainvehicle, an off−highway motorcycle, or a boat is incapable of reg-istering the same number of hours of operation as before its ser-vice, repair or replacement, the hour meter shall be adjusted toread zero, and a sticker shall be affixed by the owner of the vehicleor device to which the hour meter is attached or an agent, in prox-imity to the hour meter, specifying the number of hours of opera-tion recorded on the hour meter prior to its service, repair orreplacement and the date on which it was serviced, repaired orreplaced. No person who services, repairs or replaces an hourmeter attached to farm equipment, a snowmobile, an all−terrainvehicle, a utility terrain vehicle, an off−highway motorcycle, or aboat that is incapable of registering the same number of hours ofoperation as before such service, repair or replacement may failto adjust the hour meter to read zero or fail to affix the stickerrequired by this paragraph.

(b) No person may, with intent to defraud, remove, replace oralter a sticker affixed to an hour meter as required under par. (a).

(4) (a) Any person who violates sub. (2) or (3) (b) with respectto an hour meter attached to farm equipment may be fined notmore than $5,000 or imprisoned for not more than one year in thecounty jail, or both, for each violation.

(b) Any person who violates sub. (3) (a) with respect to an hourmeter attached to farm equipment may be required to forfeit notmore than $500 for each violation.

(c) Any person who violates sub. (2) or (3) with respect to anhour meter attached to a snowmobile, an all−terrain vehicle, a util-ity terrain vehicle, an off−highway motorcycle, or a boat may befined not more than $5,000 or imprisoned for not more than oneyear in the county jail, or both, for each violation.

History: 1997 a. 278; 2003 a. 166; 2011 a. 208; 2015 a. 170.

100.50 Products containing or made with ozone−depleting substances. (1) DEFINITIONS. In this section:

(a) “Class I substance” has the meaning given in 42 USC 7671(3).

(b) “Class II substance” has the meaning given in 42 USC 7671(4).

(2) PRODUCT LABELING. Beginning on August 1, 1994, no per-son may represent in advertising or on a label that any product thatthe person manufactures, packages, distributes or sells is “ozonefriendly” or use any similar description that implies that the prod-uct does not contribute to the depletion of stratospheric ozone ifthe product contains or is made with a class I substance or a classII substance.

(3) SALE OF PORTABLE FIRE EXTINGUISHERS. Beginning onAugust 1, 1994, no person may sell or offer to sell a portable fireextinguisher that contains a class I substance except for use by acommercial user.

(4) FIRE−EXTINGUISHING PRODUCTS. Beginning on January 1,1995, a person may make, package, sell or offer to sell a fire−extinguishing product that contains a class I substance only if theclass I substance has been recycled or reclaimed and, in the case

of a sale or offer to sell, if sale of the product is not prohibitedunder sub. (3).

(5) RETURN TO MANUFACTURER. After the sale of a product isprohibited under sub. (3) or (4), a retailer that purchased the prod-uct from the manufacturer for resale before the date on which theprohibition takes effect may return the product to the manufac-turer and the manufacturer shall refund the purchase price to theretailer.

(6) PENALTY; ENFORCEMENT. (a) Any person who violates sub.(2), (3) or (4) shall be required to forfeit not less than $250 normore than $1,000. Each day on which a person sells or offers tosell in violation of one of those provisions constitutes a separateoffense.

(am) If a court imposes a forfeiture under par. (a) on a personfor a violation of sub. (2), (3) or (4), the court may order the personto accept the return of the product that is the subject of the viola-tion and to refund the purchase price to the purchaser of that prod-uct.

(b) In lieu of or in addition to the remedy under par. (a), thedepartment may seek an injunction restraining any person fromviolating this section.

(c) The department, or any district attorney upon the requestof the department, may commence an action in the name of thestate under par. (a) or (b).

History: 1993 a. 243; 1995 a. 27.

100.51 Motor fuel dealerships. (1) DEFINITIONS. As usedin this section:

(a) “Dealer” has the meaning given under s. 135.02 (2).

(b) “Dealership” has the meaning given under s. 135.02 (3).

(c) “Designated family member” means the spouse or child ofa motor fuel dealer who has been designated in the most recentmotor fuel dealership agreement with the motor fuel grantor as thesuccessor to ownership of the motor fuel dealership and whoeither inherits ownership of the motor fuel dealership by will orintestate succession or who, in the case of the legal incapacity ofthe dealer, is appointed by a court as guardian for the motor fueldealership.

(d) “Grantor” has the meaning given under s. 135.02 (5).

(2) SURVIVORSHIP PROVISIONS REQUIRED. Every motor fueldealership agreement entered into, renewed or extended on orafter December 1, 1987, shall contain all of the following provi-sions:

(a) Any designated family member may succeed to the owner-ship of the motor fuel dealership if all of the following conditionsare met:

1. The designated family member gives the motor fuel grantorwritten notice of the intention to succeed to ownership of themotor fuel dealership within 60 days after the motor fuel dealer’sdeath or legal incapacity.

2. Upon request of the motor fuel grantor, the designated fam-ily member provides personal and financial information reason-ably necessary to determine under par. (b) whether the successionshould be honored.

3. The designated family member agrees to be bound by allterms and conditions of the existing motor fuel dealership agree-ment.

4. There does not exist good cause under par. (b) for refusingto honor the succession.

(b) Good cause exists for refusing to honor a succession if adesignated family member does not meet existing reasonablestandards of the motor fuel grantor. The motor fuel grantor’sexisting reasonable standards may include requirements directlyrelated to a person’s management and technical skills, training andcommercial experience, credit worthiness and other requirementsdirectly related to a person’s ability to operate the motor fuel deal-ership.

(c) If a motor fuel grantor believes in good faith, after request-ing information under par. (a) 2., that good cause exists for refus-

https://docs.legis.wisconsin.gov/document/statutes/23.335(1)(q)


https://docs.legis.wisconsin.gov/document/statutes/23.33(1)(ng)

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ing to honor succession of the motor fuel dealership by a desig-nated family member, the motor fuel grantor may, within 90 daysafter receipt of the information, give notice complying with par.(d) to the designated family member.

(d) The notice under par. (c) shall be in writing and shallinclude all of the following:

1. A statement of the motor fuel grantor’s refusal to honor suc-cession and of the specific grounds constituting good cause for therefusal.

2. A statement of the motor fuel grantor’s intent to terminatethe existing motor fuel dealership agreement with the designatedfamily member on a date not sooner than 90 days after the date thenotice is given.

(e) Except as provided in par. (f), if the notice under par. (c) isnot given within the time period specified in par. (c), the motorfuel grantor may not terminate the existing motor fuel dealershipagreement with the designated family member under this sectionand may only terminate the existing motor fuel dealership agree-ment as otherwise permitted by law.

(f) Notwithstanding pars. (b) to (d) and ss. 135.03 and 135.04,the motor fuel grantor may terminate the existing motor fuel deal-ership agreement with the designated family member if, in the 12months following receipt of the notice under par. (a) 1., the vol-ume of motor fuel sold by the motor fuel dealership is less than 90percent of the average annual volume of motor fuel sold by themotor fuel dealership in the 3 years preceding receipt of the noticeunder par. (a) 1., and the motor fuel grantor, within 15 months fol-lowing receipt of the notice under par. (a) 1., gives notice in writ-ing to the designated family member which includes all of the fol-lowing:

1. A statement of the motor fuel grantor’s intent to terminatethe existing motor fuel dealership agreement with the designatedfamily member on a date not sooner than 90 days after the date thenotice is given.

2. A statement of the specific reasons for termination.

(3) ENFORCEMENT OF SURVIVORSHIP RIGHTS. (a) The depart-ment on behalf of the state or any person who claims injury as aresult of a violation of sub. (2) may bring an action for temporaryor permanent injunctive relief in any circuit court. It is no defenseto an action under this paragraph that an adequate remedy existsat law.

(b) In any proceeding to determine whether good cause existsunder sub. (2) (b), a motor fuel grantor has the burden of provingthat the designated family member does not meet the motor fuelgrantor’s existing, reasonable standards.

(4) HOURS OF BUSINESS. (a) No motor fuel grantor may requirea motor fuel dealer, who has a dealership with the motor fuelgrantor on May 17, 1988, to keep his or her business open formore than 16 hours per day.

(b) Paragraph (a) applies to a motor fuel dealer after he or sherenews or extends a motor fuel dealership agreement with a motorfuel grantor on or after May 17, 1988.

(5) MOTOR VEHICLES USED BY DISABLED; SERVICE. (a) In thissubsection:

1. “Motor vehicle” has the meaning given in s. 340.01 (35).

2. “Pump” means a device used to dispense motor fuel for saleat retail.

(b) A motor fuel dealer shall have an employee dispense motorfuel into a motor vehicle from a full−service pump at the sameprice as the motor fuel dealer charges the general public for thesame grade of motor fuel dispensed from a self−service pump, ifall of the following apply:

1. The motor vehicle displays special registration platesissued under s. 341.14 (1), (1a), (1m), or (1q) or a special identifi-cation card issued under s. 343.51 or is a motor vehicle registeredin another jurisdiction and displays a registration plate, card oremblem issued by the other jurisdiction that designates that thevehicle is used by a physically disabled person.

2. The driver of the motor vehicle asks for the same price ascharged for motor fuel dispensed from a self−service pump.

3. The motor fuel dealer sells motor fuel at retail from bothfull−service and self−service pumps.

(c) An employee of a motor fuel dealer who dispenses motorfuel under par. (b) need not provide any other services that are notprovided to a customer who uses a self−service pump.

(d) A motor fuel dealer that violates par. (b) may be requiredto forfeit not more than $100 for each violation.

(6) UNBLENDED GASOLINE SALES REQUIREMENT. (a) A motorfuel grantor that provides gasoline to a motor fuel dealer under amotor fuel dealership agreement shall offer gasoline to the motorfuel dealer that is not blended with ethanol and that is suitable forsubsequent blending with ethanol and for resale. For purposes ofthis subsection, gasoline that is not blended with ethanol is notsuitable for subsequent sale if the price charged for the unblendedgasoline by the motor fuel grantor does not fairly reflect the aver-age posted terminal price, as defined in s. 100.30 (2) (a).

(b) No motor fuel dealership agreement or contract betweena motor fuel dealer and a motor fuel grantor may require a motorfuel dealer to purchase ethanol for blending purposes only fromthe motor fuel grantor.

(c) Nothing in this subsection prohibits a motor fuel dealershipagreement from requiring the motor fuel dealer to blend gasolinereceived under par. (a) with a specified amount of ethanol by vol-ume prior to the sale of the gasoline to the end user.

(d) Nothing in this subsection prohibits a motor fuel dealershipagreement from providing for the transfer of credits under 42 USC7545 (o) (2) between the motor fuel dealer and the motor fuelgrantor.

(f) A motor fuel grantor is not liable for penalties or damagesarising out of the subsequent blending by another person of gaso-line provided under this subsection. A motor fuel dealer that pur-chases gasoline that is not blended with ethanol and later sells thegasoline blended with ethanol shall provide prominent notice tothe motor fuel dealer’s customers identifying the person thatblended the gasoline with ethanol.

(g) Paragraph (a) does not apply to the provision of gasolineby a motor fuel grantor to a motor vehicle fuel dealer located ina nonattainment area, as defined under s. 285.01 (30).

History: 1987 a. 95, 399; 1989 a. 31; 1995 a. 27; 1997 a. 35; 1997 a. 111 s. 30;Stats. 1997 s. 100.51; 2009 a. 246, 401.

100.52 Telephone solicitations. (1) DEFINITIONS. (b)“Basic local exchange service” has the meaning in s. 196.01 (1g).

(bm) “Commercial mobile service” has the meaning given ins. 196.01 (2i).

(c) “National do−not−call registry” means the national data-base established by the federal trade commission under 47 USC227 (c) (3) that consists of telephone numbers of residential cus-tomers who object to receiving telephone solicitations.

(d) “Nonresidential customer” means a person, other than aresidential customer, who is furnished with telecommunicationsservice by a telecommunications utility.

(f) “Residential customer” means an individual who is fur-nished with basic local exchange service or commercial mobileservice by a telecommunications utility, but does not include anindividual who operates a business at his or her residence.

(fm) “State do−not−call registry” means the portion of thenational do−not−call registry that consists of telephone numberswith Wisconsin area codes.

(g) “Telecommunications service” has the meaning given in s.196.01 (9m).

(h) “Telecommunications utility” has the meaning given in s.196.01 (10).

(i) “Telephone solicitation” means the unsolicited initiation ofa telephone conversation or text message for the purpose ofencouraging the recipient of the telephone call or text message topurchase property, goods or services.


















https://docs.legis.wisconsin.gov/document/statutes/341.14(1a)


https://docs.legis.wisconsin.gov/document/statutes/341.14(1q)




















https://docs.legis.wisconsin.gov/document/statutes/196.01(2i)








(j) “Telephone solicitor” means a person, other than a non-profit organization or an employee or contractor of a nonprofitorganization, that employs or contracts with an individual to makea telephone solicitation.

(1m) NATIONAL DO−NOT−CALL REGISTRY. The department maycooperate with the federal trade commission to add telephonenumbers included in the nonsolicitation directory, as defined in s.100.52 (1) (e), 2011 stats., to the national do−not−call registry.

(3) REGISTRATION OF TELEPHONE SOLICITORS. The departmentshall promulgate rules that require any telephone solicitor whorequires an employee or contractor to make a telephone solicita-tion to a residential customer in this state to register with thedepartment, obtain a registration number from the department,and pay an initial registration fee and an annual registrationrenewal fee to the department. The amount that an individual tele-phone solicitor is required to pay shall be based on the number oftelephone lines used by the telephone solicitor to make telephonesolicitations or some other methodology established by thedepartment by rule. The rules shall also require a telephone solici-tor that registers with the department to, at the time of initial regis-tration, the time of annual renewal, and any other time uponrequest of the department, provide the department with proof thatthe telephone solicitor has complied with federal law in obtainingcopies and updated versions of the state do−not−call registry. Theamount of the fees shall be based on the amount required to admin-ister and enforce this section and to provide the amounts appro-priated under s. 20.115 (1) (im).

(4) TELEPHONE SOLICITOR REQUIREMENTS. (a) A telephonesolicitor or an employee or contractor of a telephone solicitor maynot do any of the following:

1. Use an electronically prerecorded message in telephonesolicitation without the consent of the recipient of the telephonecall.

2. Make a telephone solicitation to a telephone number that,at the time the solicitation is made, is listed on the state do−not−call registry.

3. Make a telephone solicitation to a nonresidential customerif the nonresidential customer has provided notice by mail to thetelephone solicitor that the nonresidential customer does not wishto receive telephone solicitations.

(b) A telephone solicitor may not do any of the following:

1. Require an employee or contractor to make a telephonesolicitation to a person in this state unless the telephone solicitoris registered with the department under the rules promulgatedunder sub. (3).

2. Require an employee or contractor to make a telephonesolicitation that violates par. (a).

3. Use or possess a copy or updated version of the state do−not−call registry that the telephone solicitor has obtained in viola-tion of federal law.

(c) A telephone solicitor or employee or contractor of a tele-phone solicitor that makes a telephone solicitation to a nonresi-dential customer shall, upon the request of the nonresidential cus-tomer, provide the mailing address for notifying the telephonesolicitor that the nonresidential customer does not wish to receivetelephone solicitations.

(d) The department shall promulgate rules that require an indi-vidual who makes a telephone solicitation on behalf of a telephonesolicitor to identify at the beginning of the telephone conversationeach of the following:

1. The telephone solicitor.

2. If different than the telephone solicitor, the person sellingthe property, goods, or services, or receiving the contribution,donation, grant, or pledge of money, credit, property, or otherthing of any kind, that is the reason for the telephone solicitation.

(6) EXCEPTIONS. Subsections (4) (a) 2. and 3. do not apply toa telephone solicitation that satisfies any of the following:

(a) The telephone solicitation is made to a recipient in responseto the recipient’s request for the telephone solicitation.

(b) The telephone solicitation is made to a recipient who is acurrent client of the person selling the property, goods, or servicesthat is the reason for the telephone solicitation. This paragraphdoes not apply if the recipient is a current client of an affiliate ofsuch a person, but is not a current client of such a person.

(7) TERRITORIAL APPLICATION. This section applies to anyinterstate telephone solicitation received by a person in this stateand to any intrastate telephone solicitation.

(8) RULES. The department may promulgate rules to adminis-ter and enforce this section.

(9) DEPARTMENT DUTIES. (a) The department shall publicizethe procedures for a residential customer to add a telephone num-ber to the national do−not−call registry.

(b) The department shall investigate violations of this sectionand may bring an action for temporary or permanent injunctive orother relief for any violation of this section.

(10) PENALTIES. (a) Except as provided in par. (b), a personwho violates this section may be required to forfeit $100 for eachviolation.

(b) A telephone solicitor that violates sub. (4) may be requiredto forfeit not more than $100 for each violation.

History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197;2013 a. 234.


100.525 Telephone records; obtaining, selling, orreceiving without consent. (1) In this section:

(a) “Caller identification record” means a record that is deliv-ered electronically to the recipient of a telephone call simulta-neously with the reception of the telephone call and that indicatesthe telephone number from which the telephone call was initiatedor similar information regarding the telephone call.

(am) “Customer” means a person who purchases telephoneservice.

(b) “Telephone record” means a record in written, electronic,or oral form, except a caller identification record, that is createdby a telephone service provider and that contains any of the fol-lowing information with respect to a customer:

1. Telephone numbers that have been dialed by the customer.

2. Telephone numbers pertaining to calls made to the cus-tomer.

3. The time when calls were made by the customer or to thecustomer.

4. The duration of calls made by the customer or to the cus-tomer.

(c) “Telephone service” means the conveyance of 2−way voicecommunication in analog, digital, or other form by any medium,including wire, cable, fiber optics, cellular, broadband personalcommunications services, or other wireless technologies, satel-lite, microwave, or at any frequency over any part of the electro-magnetic spectrum. “Telephone service” includes the convey-ance of voice communication over the Internet and telephonerelay service.

(d) “Telephone service provider” means a person who pro-vides telephone service to a customer.

(2) No person may do any of the following:

(a) Obtain, or attempt to obtain, a telephone record that per-tains to a customer who is a resident of this state, without the cus-tomer’s consent, by doing any of the following:

1. Making a false statement to an agent of a telephone serviceprovider.

2. Making a false statement to a customer of a telephone ser-vice provider.

https://docs.legis.wisconsin.gov/document/statutes/2011/100.52(1)(e)

https://docs.legis.wisconsin.gov/document/statutes/20.115(1)(im)









https://docs.legis.wisconsin.gov/document/acts/2001/16,%20s.%202446f

https://docs.legis.wisconsin.gov/document/acts/2001/16,%20s.%202819b

https://docs.legis.wisconsin.gov/document/acts/2001/16,%20s.%202821b








3. Knowingly providing to a telephone service provider adocument that is fraudulent, that has been lost or stolen, or that hasbeen obtained by fraud.

(b) Ask another person to obtain a telephone record knowingthat the person will obtain the telephone record in a manner pro-hibited under this section.

(c) Sell or offer to sell a telephone record obtained in a mannerprohibited under this section.

(3) (a) A person who violates this section is guilty of a ClassI felony if the violation involves one telephone record.

(b) A person who violates this section is guilty of a Class G fel-ony if the violation involves 2 or more telephone records.

(c) A person who violates this section is guilty of a Class E fel-ony if the violation involves more than 10 telephone records.

(4) (a) In addition to the penalties authorized under sub. (3),a person who violates this section may be required to forfeit per-sonal property used or intended to be used in the violation.

(b) In an action to enforce this section, the court shall awardto a person who is the subject of a telephone record involved in aviolation of this section all of the following:

1. The amount of the person’s pecuniary loss suffered becauseof a violation of this section, if proof of the loss is submitted to thesatisfaction of the court, or $1,000, whichever is greater.

2. The amount of any gain to the violator as a result of the vio-lation.

(5) This section does not apply to any of the following:

(a) Action by a law enforcement agency in connection with theofficial duties of the law enforcement agency.

(b) A disclosure by a telephone service provider, if any of thefollowing applies:

1. The telephone service provider reasonably believes the dis-closure is necessary to do any of the following:

a. Provide telephone service to a customer.

b. Protect an individual from fraudulent, abusive, or unlawfuluse of telephone service or a telephone record.

2. The disclosure is made to the National Center for Missingand Exploited Children.

3. The disclosure is authorized by state or federal law or regu-lation.

(6) A violation of this section may also constitute an unfairmethod of competition or unfair trade practice under s. 100.20 ora fraudulent representation under s. 100.18.

History: 2005 a. 261; 2007 a. 97.

100.53 Vehicle rentals; title and registration fees.(1) In this section:

(ag) “Government fee” means any fee charged by a rental com-pany to recover the cost of any fee or charge that is imposed by agovernment, airport or other transportation authority, or any othergovernment agent that is deemed applicable to the rental of privatevehicles in this state.

(am) “Rental company” has the meaning given in s. 344.51(1g) (c).

(b) “Title or registration fee” means a fee charged by a rentalcompany to recover the cost of registering or obtaining a certifi-cate of title.

(2) No rental company may disseminate or make in this statean advertisement or representation that includes a statement of therental rate for a private passenger vehicle, as defined in s. 344.57(4), that is available for rent from a location in this state, unless oneof the following applies:

(a) The statement of the rental rate includes the amount of anytitle or registration fee or government fee charged by the rentalcompany.

(b) The advertisement or representation includes a statementthat the customer must pay a title or registration fee or governmentfee, and the rental company notifies a customer of the amount of

the title or registration fee or government fee before the customerenters into an agreement with the rental company.

History: 2005 a. 25, 173, 254.

100.54 Access to credit reports. (1) DEFINITIONS. In thissection:

(a) “Business day” means a business day, as defined in s.421.301 (6), that is not a legal holiday under s. 995.20 or a federallegal holiday.

(b) “Consumer report” has the meaning given in 15 USC1681a (d).

(c) “Consumer reporting agency” has the meaning given in s.15 USC 1681a (f).

(d) “Reseller” means a consumer reporting agency that actsonly as a reseller of credit information by assembling and merginginformation contained in a database of another consumer report-ing agency or multiple consumer reporting agencies, and does notmaintain a permanent database of credit information from whichnew consumer reports are produced.

(e) “Security freeze” means a notice included with an individ-ual’s consumer report that indicates that releases of the consumerreport are subject to this section.

(2) SECURITY FREEZES. (a) Except as provided in par. (c), aconsumer reporting agency shall include a security freeze with anindividual’s consumer report if the individual does all of the fol-lowing:

1. Sends a request by certified mail to an address designatedby the consumer reporting agency, or sends a request directly tothe consumer reporting agency by any other means that the con-sumer reporting agency may provide.

2. Provides the consumer reporting agency with proper iden-tification.

3. If applicable, pays the fee specified in sub. (9).

(b) No later than 5 business days after an individual satisfiesthe requirements under par. (a) 1. to 3., a consumer reportingagency shall include a security freeze with the individual’s con-sumer report. No later than 10 business days after including thesecurity freeze with the consumer report, the consumer reportingagency shall send the individual a notice that does all of the fol-lowing:

1. Confirms that a security freeze is included with the individ-ual’s consumer report.

2. Includes a unique personal identification number, pass-word, or other device for the individual to authorize release of theconsumer report.

3. Describes the procedure for authorizing release of the con-sumer report.

(c) Paragraph (a) does not apply to any of the following:

1. A reseller, except that if a reseller obtains from another con-sumer reporting agency an individual’s consumer report thatincludes a security freeze, the reseller shall include the securityfreeze with any consumer report regarding the individual that thereseller maintains.

2. A consumer reporting agency that is a check services orfraud prevention services company which issues reports on inci-dents of fraud or authorizations for the purpose of approving orprocessing negotiable instruments, electronic funds transfers, orsimilar methods of payments.

3. A consumer reporting agency that is a deposit accountinformation service company which issues reports regardingaccount closures due to fraud, substantial overdrafts, automatedteller machine abuse, or similar negative information regarding anindividual to inquiring financial institutions for use only inreviewing an individual’s request for a deposit account at theinquiring financial institution.

(3) PROHIBITION. Except as provided in sub. (8), if an individ-ual’s consumer report includes a security freeze, a consumerreporting agency may not release the consumer report to any per-






https://docs.legis.wisconsin.gov/document/statutes/344.51(1g)(c)

https://docs.legis.wisconsin.gov/document/statutes/344.51(1g)(c)








https://docs.legis.wisconsin.gov/document/usc/15%20USC%201681a












son for any purpose related to the extension of credit unless theindividual gives prior authorization for the release under sub. (4).

(4) RELEASE AUTHORIZATION. (a) An individual whose con-sumer report includes a security freeze may authorize a consumerreporting agency to release the report by doing all of the follow-ing:

1. Contacting the consumer reporting agency using a point ofcontact designated by the consumer reporting agency.

2. Providing proper identification and the personal identifica-tion number, password, or other device specified in sub. (2) (b) 2.

3. Specifying the time period for which the release is autho-rized.

4. If applicable, paying the fee specified in sub. (9).

(b) If an individual satisfies the requirements under par. (a) 1.to 4., the consumer reporting agency shall release the individualconsumer report during the time period specified by the individ-ual, except that a consumer reporting agency is not required torelease a consumer report sooner than 3 business days after theindividual contacts the consumer reporting agency under par. (a)1. A consumer reporting agency may establish procedures forreleasing consumer reports sooner than 3 business days for indi-viduals who satisfy the requirements under par. (a) 1. to 4. by tele-phone, facsimile, or the Internet, or by use of other electronicmedia.

(5) RELEASE OF REPORTS. A consumer reporting agency mayrelease an individual’s consumer report that includes a securityfreeze if any of the following apply:

(a) The individual authorizes the release under sub. (4).

(b) The individual requests removal of the security freezeunder sub. (6).

(c) The consumer reporting agency included a security freezewith the consumer report due to a material misrepresentation offact by the individual, if the consumer reporting agency notifiesthe individual in writing about the misrepresentation before theconsumer reporting agency releases the consumer report.

(6) REMOVING SECURITY FREEZES. (a) An individual mayrequest removal of a security freeze included with the individual’sconsumer report by doing all of the following:

1. Contacting the consumer reporting agency using a point ofcontact designated by the consumer reporting agency.

2. Providing proper identification and the personal identifica-tion number, password, or other device specified in sub. (2) (b) 2.

3. If applicable, paying the fee specified in sub. (9).

(b) If an individual requests removal of a security freeze underpar. (a), the consumer reporting agency shall remove the securityfreeze from the individual’s consumer report no later than 3 busi-ness days after the individual satisfies the requirements under par.(a) 1. to 3. and the consumer reporting agency’s release of thereport is no longer subject to this section.

(7) THIRD PARTIES. (a) If a 3rd party requests access to an indi-vidual’s consumer report that includes a security freeze, therequest is made in connection with the individual’s application foran extension of credit, and the consumer reporting agency is pro-hibited under this section from releasing the report to the 3rd party,the 3rd party may treat the individual’s application as incomplete.

(b) This section does not prohibit a consumer reporting agencyfrom advising a 3rd party that an individual’s consumer reportincludes a security freeze and that the consumer reporting agencymust obtain the individual’s authorization before releasing theindividual’s consumer report.

(8) EXCEPTIONS. This section does not apply to an individual’sconsumer report that a consumer reporting agency releases to, orfor, any of the following:

(a) 1. a. A person with whom the individual has, or had priorto assignment, an account or contract, including a demand depositaccount; a person to whom the individual issued or is otherwisepersonally liable on a negotiable instrument; or a person who oth-erwise has a legitimate business need for the information in con-

nection with a business transaction initiated by the individual; forthe purpose of preventing or investigating potential fraud or theftof identity, reviewing the account, collecting the financial obliga-tion owing for the account, contract, or negotiable instrument, orconducting the business transaction.

b. A subsidiary, affiliate, or agent of a person specified insubd. 1. a.

c. An assignee of a financial obligation owing by the individ-ual to a person specified in subd. 1. a.

d. A prospective assignee of a financial obligation owing bythe individual to a person specified in subd. 1. a. in conjunctionwith the proposed purchase of the financial obligation.

2. For purposes of subd. 1. a., “reviewing the account”includes activities related to account maintenance, monitoring,credit line increases, and account upgrades and enhancements.

(b) A subsidiary, affiliate, agent, assignee, or prospectiveassignee of a person to whom the consumer reporting agency hasreleased the consumer report during the time period authorized bythe individual under sub. (4).

(c) Any state or local agency, law enforcement agency, court,or private collection agency acting pursuant to a court order, war-rant, or subpoena.

(d) A child support agency acting pursuant to 42 USC 651 to669b.

(e) The state or its agents or assigns acting to investigate fraudor acting to investigate or collect delinquent taxes or unpaid courtorders or to fulfill any of its other statutory responsibilities.

(f) The use of credit information for the purposes of prescreen-ing as provided under 15 USC 1681b (c).

(g) A person administering a credit file monitoring subscrip-tion service or similar service to which the individual has sub-scribed.

(h) A person for the purpose of providing an individual witha copy of his or her consumer report upon the individual’s request.

(i) An insurer authorized to do business in this state that usesthe consumer report in connection with the underwriting of insur-ance involving the individual. For purposes of this paragraph,“underwriting” consists of the activities described in the FederalTrade Commission’s interpretation of 15 USC 1681b (a) (3) (C)in 16 CFR Part 600, App. A.

(j) A person who intends to use the information for employ-ment purposes.

(9) FEES. (a) Except as provided in par. (b), a consumerreporting agency may charge an individual a fee of no more than$10 each time that the individual requests a security freeze undersub. (2), authorizes release of a consumer report under sub. (4), orrequests removal of a security freeze under sub. (6).

(b) A consumer reporting agency may not charge a fee to anindividual who submits evidence satisfactory to the consumerreporting agency that the individual made a report to a lawenforcement agency under s. 943.201 (4) regarding the individu-al’s personal identifying information or a personal identifyingdocument. A copy of a law enforcement agency’s report under s.943.201 (4) is considered satisfactory evidence for purposes ofthis paragraph.

(10) INFORMATION CHANGES. (a) Except as provided in par.(b), if a consumer reporting agency includes a security freeze inan individual’s consumer report, the consumer reporting agencymay not change the individual’s name, date of birth, social secu-rity number, or address in the report unless, within 30 businessdays of changing the information, the consumer reporting agencysends written notice of the change to the individual. If the noticeconcerns a change of address, the consumer reporting agencyshall send the notice to both the new and former address.

(b) Notice is not required under par. (a) for changing abbrevia-tions for names or streets, correcting spelling, transposing num-bers, or making other technical changes.

















https://docs.legis.wisconsin.gov/document/statutes/100.54(8)(a)1.a.






https://docs.legis.wisconsin.gov/document/usc/42%20USC%20669b



https://docs.legis.wisconsin.gov/document/cfr/16%20CFR%20600












(11) NOTICES. Whenever a consumer reporting agency isrequired to provide an individual with a notice under 15 USC1681g regarding consumer rights under the federal credit report-ing law, the consumer reporting agency shall also provide the indi-vidual with the following notice:

“Wisconsin Consumers Have the Right to Obtain a SecurityFreeze.

You have a right to include a “security freeze” with your creditreport, which will prohibit a consumer reporting agency fromreleasing information in your credit report in connection with acredit transaction without your express authorization. A securityfreeze must be requested in writing by certified mail or by anyother means provided by a consumer reporting agency. The secu-rity freeze is designed to prevent an extension of credit, such as aloan, from being approved in your name without your consent.However, you should be aware that using a security freeze to takecontrol over who gets access to the personal and financial infor-mation in your credit report may delay, interfere with, or prohibitthe timely approval of any subsequent request or application youmake regarding a loan, credit, mortgage, or Internet credit cardtransaction, including an extension of credit at point of sale.

When you request a security freeze for your credit report, youwill be provided a personal identification number or password touse if you choose to remove the security freeze from your creditreport or authorize the release of your credit report for a period oftime after the security freeze is in place. To provide that authoriza-tion you must contact the consumer reporting agency and provideall of the following:

(1) The personal identification number or password.

(2) Proper identification to verify your identity.

(3) The period of time for which the report shall be made avail-able.

(4) Payment of the appropriate fee.

A security freeze does not apply to a person or its affiliates, orcollection agencies acting on behalf of a person, with which youhave an existing account, that requests information in your creditreport for the purposes of reviewing or collecting the account.Reviewing the account includes activities related to account main-tenance, monitoring, credit line increases, and account upgradesand enhancements.

Unless you are a victim of identity theft with a police report toverify the crime, a consumer reporting agency has the right tocharge you no more than $10 to include a security freeze with yourcredit report, no more than $10 to authorize release of a report thatincludes a security freeze, and no more than $10 to remove a secu-rity freeze from your credit report.”

(12) RULES. The department shall promulgate rules specify-ing what constitutes proper identification for purposes of subs. (2)(a) 2., (4) (a) 2., and (6) (a) 2. The rules shall be consistent withany requirements under federal credit reporting law pertaining toproper identification.

(13) DAMAGES. (a) Any person who obtains a consumerreport from a consumer reporting agency, requests a consumerreporting agency to include or remove a security freeze in a con-sumer report, or authorizes a consumer reporting agency torelease a consumer report that includes a security freeze, underfalse pretenses or in knowing violation of, or in an attempt toknowingly violate, this section or federal law, shall be liable to theconsumer reporting agency for actual damages sustained by theconsumer reporting agency or $1,000, whichever is greater.

(b) A person who fails to comply with this section is liable forany actual damages sustained by an individual as a result of thefailure and, notwithstanding s. 814.04 (1), the costs of the action,including reasonable attorney fees.

History: 2005 a. 140; 2007 a. 97.Cross−reference: See also ch. ATCP 112, Wis. adm. code.

100.545 Security freezes for protected consumers.(1) DEFINITIONS. In this section:

(a) “Consumer report” has the meaning given in 15 USC 1681a(d).

(b) “Consumer reporting agency” has the meaning given in s.15 USC 1681a (f).

(c) “Protected consumer” means an individual who is one ofthe following:

1. Under the age of 16 years at the time a request for the place-ment of a security freeze is made under sub. (3) (a).

2. An individual for whom a guardian or conservator has beenappointed.

(d) “Record” means a compilation of information about a pro-tected consumer that satisfies all of the following:

1. The compilation identifies the protected consumer.

2. The compilation is created by a consumer reporting agencysolely for the purpose of complying with this section.

(e) “Representative” means a person who provides to a con-sumer reporting agency sufficient proof of authority to act onbehalf of a protected consumer.

(f) “Security freeze for a protected consumer” means one ofthe following:

1. If a consumer reporting agency does not have a file pertain-ing to a protected consumer, a restriction placed on the protectedconsumer’s record that prohibits, except as provided in this sec-tion, the consumer reporting agency from releasing the protectedconsumer’s record.

2. If a consumer reporting agency has a file pertaining to theprotected consumer, a restriction placed on the protected consum-er’s credit report that prohibits, except as provided in this section,the consumer reporting agency from releasing the protected con-sumer’s credit report or any information derived from the pro-tected consumer’s credit report.

(g) “Sufficient proof of authority’ means documentation thatshows a representative has authority to act on behalf of a protectedconsumer, including any of the following:

1. An order issued by a court.

2. A lawfully executed and valid power of attorney.

3. A written, notarized statement signed by a representativethat expressly describes the authority of the representative to acton behalf of a protected consumer.

(h) “Sufficient proof of identification” means information ordocumentation that identifies a protected consumer or a represen-tative of a protected consumer, including any of the following:

1. A social security number or a copy of a social security cardissued by the social security administration.

2. A certified or official copy of a birth record issued by theentity authorized to issue the birth record.

3. A copy of an operator’s license issued under ch. 343 orunder a comparable law of another state, an identification cardissued under s. 343.50 or under a comparable law of another state,or any other government issued identification.

(2) EXCEPTIONS. This section does not apply to the use of aprotected consumer’s credit report or record by any of the follow-ing:

(a) A person administering a credit file monitoring subscrip-tion service to which the protected consumer has subscribed or therepresentative of the protected consumer has subscribed on behalfof the protected consumer.

(b) A person providing the protected consumer or the protectedconsumer’s representative with a copy of the protected consum-er’s credit report on request of the protected consumer or the pro-tected consumer’s representative.

https://docs.legis.wisconsin.gov/document/usc/15%20USC%201681g

https://docs.legis.wisconsin.gov/document/usc/15%20USC%201681g

















(c) A person exempted under s. 100.54 (8) from the require-ments of s. 100.54.

(d) An insurance company for the purpose of conducting itsordinary business.

(e) A consumer reporting agency’s database or file that con-sists of information concerning, and used for, one or more of thefollowing, but not for credit granting purposes:

1. Criminal record information.

2. Fraud prevention or detection.

3. Personal loss history information.

4. Employment, tenant, or other background screening.

(3) PLACEMENT OF SECURITY FREEZE. (a) A consumer report-ing agency shall place a security freeze for a protected consumerif the consumer reporting agency receives a request from the pro-tected consumer’s representative for the placement of the securityfreeze and the protected consumer’s representative does all of thefollowing:

1. Submits the request to the consumer reporting agency at theaddress or other point of contact and in the manner specified bythe consumer reporting agency.

2. Provides to the consumer reporting agency sufficient proofof identification of the protected consumer and the representative.

3. Provides to the consumer reporting agency sufficient proofof authority to act on behalf of the protected consumer.

4. Pays to the consumer reporting agency a fee as providedin sub. (5).

(b) If a consumer reporting agency does not have a file pertain-ing to a protected consumer when the consumer reporting agencyreceives a request under par. (a), the consumer reporting agencyshall create a record for the protected consumer. Upon receivingthe request, the consumer reporting agency shall verify that no filepertains to the protected consumer by checking for existing filesrelating to the protected consumer’s name and social securitynumber and for existing files relating only to the protected con-sumer’s social security number. A record created under this para-graph may not be used to consider the protected consumer’s cred-itworthiness, credit standing, credit capacity, character, generalreputation, personal characteristics, or mode of living.

(c) Within 30 days after receiving a request that meets therequirements of par. (a), a consumer reporting agency shall placea security freeze for the protected consumer.

(d) Unless a security freeze for a protected consumer isremoved in accordance with sub. (4) or (6), a consumer reportingagency may not release the protected consumer’s credit report,any information derived from the protected consumer’s creditreport, or any record created for the protected consumer.

(e) A security freeze for a protected consumer placed underpar. (c) remains in effect until one of the following occurs:

1. The protected consumer or the protected consumer’s repre-sentative requests the consumer reporting agency to remove thesecurity freeze in accordance with sub. (4).

2. The security freeze is removed in accordance with sub. (6).

(4) REMOVAL OF SECURITY FREEZE. (a) If a protected consumeror a protected consumer’s representative wishes to remove a secu-rity freeze for the protected consumer, the protected consumer orthe protected consumer’s representative shall do all of the follow-ing:

1. Submit a request for the removal of the security freeze tothe consumer reporting agency at the address or other point of con-tact and in the manner specified by the consumer reportingagency.

2. Provide to the consumer reporting agency sufficient proofof identification of the protected consumer and one of the follow-ing:

a. For a request by the protected consumer, proof that the suf-ficient proof of authority for the protected consumer’s representa-tive to act on behalf of the protected consumer is no longer valid.

b. For a request by the representative of the protected con-sumer, sufficient proof of identification of the representative andsufficient proof of authority to act on behalf of the protected con-sumer.

3. Pay to the consumer reporting agency a fee as provided insub. (5).

(b) Within 30 days after receiving a request that meets therequirements of par. (a), the consumer reporting agency shallremove the security freeze for the protected consumer.

(5) FEES. (a) Except as provided in par. (b), a consumerreporting agency may not charge a fee for any service performedunder this section.

(b) A consumer reporting agency may charge a reasonable fee,not exceeding $10, for each placement or removal of a securityfreeze for a protected consumer.

(c) Notwithstanding par. (b), a consumer reporting agencymay not charge any fee under this section if any of the followingapplies:

1. The protected consumer’s representative has obtained apolice report or affidavit of alleged identity fraud against the pro-tected consumer and provides a copy of the report or affidavit tothe consumer reporting agency.

2. A request for the placement or removal of a security freezeis for a protected consumer who is under the age of 16 years at thetime of the request and the consumer reporting agency has a filepertaining to the protected consumer.

(6) MATERIAL MISREPRESENTATIONS. A consumer reportingagency may remove a security freeze for a protected consumer ordelete a record of a protected consumer if the security freeze wasplaced or the record was created based on a material misrepresen-tation of fact by the protected consumer or the protected consum-er’s representative.

(7) PENALTY; ENFORCEMENT. (a) A person who violates thissection may be required to forfeit not more than $1,000 for eachviolation.

(b) The department of agriculture, trade and consumer protec-tion or the department of justice, after consulting with the depart-ment of agriculture, trade and consumer protection, may bring anaction for temporary or permanent injunctive or other relief forany violation of this section or an action for the penalty authorizedin par. (a).

History: 2013 a. 78; 2017 a. 334.

100.55 Furnishing or using certain consumer loaninformation to make solicitations. (1) In this section:

(a) “Consumer” has the meaning given in 15 USC 1681a (c).

(b) “Consumer report” has the meaning given in 15 USC1681a (d).

(c) “Consumer reporting agency” has the meaning given in 15USC 1681a (f).

(d) “Lender” means any of the following:

1. A financial institution, as defined in s. 214.01 (1) (jn).

2. A finance company licensed under ss. 138.09 or 218.0101to 218.0163.

3. A mortgage banker or mortgage broker licensed under s.224.72 or a mortgage loan originator licensed under s. 224.725.

4. Any other person, not identified in subds. 1. to 3., the pri-mary business of which is to make loans or engage in lendingactivities in this state.

(e) “Nonaffiliated 3rd party” means a person that is not relatedby common ownership or affiliated by common corporate control.

(f) “Person” has the meaning given in 15 USC 1681a (b).

(g) “Personal financial data provider” means any person, otherthan a consumer reporting agency, that regularly engages in wholeor in part in the practice of assembling and furnishing to 3rd par-ties, for a fee or payment of dues, the identity of particular con-sumers and financial information relating to such consumers thatis not generally available to the public, including information























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derived from any application by these consumers for an extensionof credit or other nonpublic personal information, as defined in 15USC 6809 (4), relating to these consumers.

(h) “Prescreened consumer report” means a consumer reportfurnished by a consumer reporting agency under authority of 15USC 1681b (a) (3) (A) and (c) (1) (B) to a person that the consumerreporting agency has reason to believe intends to use the informa-tion in connection with any credit transaction that involves theconsumer on whom the information is to be furnished and that isnot initiated by this consumer.

(i) “Trigger lead” means information relating to a consumerthat is furnished by a consumer reporting agency or personalfinancial data provider to a nonaffiliated 3rd party if all of the fol-lowing apply:

1. The consumer has applied to a lender, other than the 3rdparty to whom the information is furnished, for an extension ofcredit and the lender has provided the consumer’s credit applica-tion, or information derived from or related to the consumer’scredit application, to a consumer reporting agency or personalfinancial data provider for purposes of obtaining a consumerreport or otherwise evaluating or rating the consumer’s credit-worthiness.

2. The information furnished to the 3rd party includes the con-sumer’s name and address or telephone number, or other infor-mation that allows the 3rd party to identify the consumer.

3. The information furnished to the 3rd party contains, withrespect to the extension of credit for which the consumer hasapplied under subd. 1., any identification of the amount of creditfor which the consumer has applied or any other information thatis related to the terms and conditions of credit for which the con-sumer has applied and that is not generally available to the public.

4. The consumer has not authorized the consumer reportingagency or personal financial data provider to provide the informa-tion to 3rd parties and has not initiated any credit transaction withthe 3rd party.

5. The 3rd party to whom the information is furnished has notextended credit to the consumer on which an unpaid balanceremains.

(j) “Solicit” means the initiation of a communication to a con-sumer for the purpose of encouraging the consumer to purchaseproperty, goods, or services or apply for an extension of credit.“Solicit” does not include communications initiated by the con-sumer or directed to the general public.

(2) (a) If any trigger lead is not a prescreened consumerreport, no person may furnish the trigger lead to a nonaffiliated 3rdparty unless the person reasonably believes that the 3rd party willnot use the trigger lead to solicit any consumer identified in thetrigger lead.

(b) Any person that furnishes a trigger lead described in par.(a) to a nonaffiliated 3rd party shall establish and maintain proce-dures to reasonably ensure that the trigger lead will not be used tosolicit any consumer identified in the trigger lead. These proce-dures shall include requiring any person that obtains a trigger leaddescribed in par. (a) to identify the user of the trigger lead and tocertify, in a manner similar to that required under 15 USC 1681e(a), the purpose for which the trigger lead is obtained and that theperson will not use the trigger lead to solicit any consumer identi-fied in the trigger lead.

(c) No person that obtains a trigger lead described in par. (a)may use the trigger lead to solicit any consumer identified in thetrigger lead.

(3) (a) If any trigger lead is a prescreened consumer report, aperson that obtains a trigger lead and uses the trigger lead to solicitany consumer identified in the trigger lead may not utilize unfairor deceptive practices in soliciting the consumer.

(b) For purposes of this subsection, unfair or deceptive prac-tices include all of the following:

1. Failure to state in the initial phase of the solicitation that theperson soliciting is not the lender, and is not affiliated with thelender, to which the consumer has applied for an extension ofcredit.

2. Failure in the initial solicitation to comply with any appli-cable requirement under 15 USC 1681b (a), (c), (e), and (f), 1681e(a), and 1681m (d).

3. Knowingly or negligently utilizing information regardingconsumers who have made an election under 15 USC 1681b (e)to be excluded from prescreened consumer reports or who haveregistered their telephone numbers on the national do−not−callregistry as provided in 47 CFR 64.1200.

4. Soliciting consumers with offers of certain rates, terms, andcosts, with intent to subsequently raise the rates or change theterms to the consumers’ detriment.

5. Making false or misleading statements in connection witha credit transaction that is not initiated by the consumer.

(4) (a) Any person who violates sub. (2) or (3) may berequired to forfeit not less than $100 nor more than $1,000 for eachviolation.

(b) The department shall investigate violations of this section.The department or the department of justice, after consulting withthe department, or any district attorney, upon informing thedepartment, may on behalf of the state:

1. Bring an action for temporary or permanent injunctive orother relief for any violation of this section. In such an action forinjunctive relief, irreparable harm is presumed. The court may,upon entry of final judgment, award restitution when appropriateto any person suffering loss because of a violation of this sectionif proof of such loss is submitted to the satisfaction of the court.

2. Bring an action in any court of competent jurisdiction forthe penalties authorized under par. (a).

(c) In addition to any other remedies, any person aggrieved bya violation of sub. (2) or (3) may bring a civil action for damages.In such an action, any person who violates sub. (2) or (3) shall beliable for twice the amount of actual damages caused by the viola-tion or $500, whichever is greater, and, notwithstanding s. 814.04(1), the costs of the action, including reasonable attorney fees. Insuch an action, the court may also award any equitable relief thatthe court determines is appropriate.

History: 2007 a. 76; 2009 a. 2; 2013 a. 234.

100.57 Tax preparers; privacy of client information.(1) In this section:

(a) “Client” means a person whose tax return is prepared by atax preparer.

(b) “Tax preparer” means a person who, in exchange for com-pensation or expectation of compensation, prepares an income taxreturn of another person, but does not include any of the follow-ing:

1. An individual who or firm that is licensed under s. 442.08.

2. An individual who is licensed to practice law in this state.

3. An individual who is employed by a corporate trustee,bank, or trust company and who is authorized to provide fiduciaryservices under state or federal law.

(2) A tax preparer or entity that employs tax preparers may notdisclose to another person information obtained in the course ofpreparing a client’s tax return, unless all of the following apply:

(a) The tax preparer or entity provides to the client a separatedocument that identifies all of the following:

1. The persons to whom the tax preparer or entity intends todisclose the information.

2. The specific information that the tax preparer or entityintends to disclose.

3. The purpose of the disclosure.

(b) The document provided under par. (a) informs the clientthat the client may at any time revoke consent to the disclosure of





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information obtained in the course of preparing the client’s taxreturn for a tax year by giving notice to the tax preparer or entitythat prepared the client’s tax return for the tax year.

(c) The client signs the document provided by the tax prepareror entity under par. (a).

(d) Within 30 days after the date on which the tax preparer orentity completes work on the client’s tax return or the date onwhich the client signs the document provided by the tax prepareror entity under par. (a), whichever occurs first, the tax preparer orentity provides to the client a copy of the document signed by theclient.

(3) Subsection (2) does not apply to the disclosure of informa-tion to any of the following:

(a) A federal, state, or local governmental entity that is autho-rized to collect a tax.

(b) A federal, state, or local law enforcement agency.

(c) A court.

(4) A document provided by a tax preparer or entity under sub.(2) (a) shall remain valid for one year from the date on which it issigned by a client or until the client revokes consent to the disclo-sure of information obtained in the course of preparing the client’stax return, whichever occurs first.

(5) A tax preparer or entity shall retain a copy of the documentprovided to a client under sub. (2) (a) for as long as the tax prepareror entity retains the client’s tax records for the tax year for whichthe client has consented to disclosure under sub. (2).

(6) (a) Any person suffering pecuniary loss because of a vio-lation of this section may commence an action to recover the pecu-niary loss. If the person prevails, the person shall recover twicethe amount of the pecuniary loss, or $200 for each violation,whichever is greater, together with costs, including reasonableattorney fees, notwithstanding s. 814.04 (1).

(b) The department may commence an action in the name ofthe state to restrain by temporary or permanent injunction a viola-tion of this section. Before entry of final judgment, the court maymake any necessary orders to restore to a person any pecuniaryloss suffered by the person because of the violation.

(c) The department or a district attorney may commence anaction in the name of the state to recover a forfeiture to the stateof not less than $100 nor more than $10,000 for each violation ofthis section.

History: 2007 a. 176 s. 1; 2009 a. 180 s. 98; Stats. 2009 s. 100.57.

100.60 State renewable fuels goal. (1) DEFINITIONS. Inthis section:

(a) “Biodiesel” means a fuel that is comprised of monoalkylesters of long chain fatty acids derived from vegetable oils or ani-mal fats and that meets all of the applicable requirements ofASTM International.

(b) “Diesel−replacement renewable fuel” means any of the fol-lowing:

1. Biodiesel.

2. Any other fuel that can substitute for petroleum−based die-sel fuel, that is derived from a renewable resource, that meets allof the applicable requirements of ASTM International for thatfuel, and that the department designates as a diesel−replacementrenewable fuel under sub. (7) (a).

(c) “Gasoline−replacement renewable fuel” means any of thefollowing:

1. Ethanol.

2. Any other fuel that can substitute for gasoline, that isderived from a renewable resource, that meets all of the applicablerequirements of ASTM International for that fuel, and that thedepartment designates as a gasoline−replacement renewable fuelunder sub. (7) (b).

(d) “Motor vehicle fuel” means any substance used to fuelmotor vehicles used for transportation on public roadways.

(e) “Renewable fuel” means a gasoline−replacement renew-able fuel or a diesel−replacement renewable fuel.

(2) GOALS. (a) Definitions. In this subsection:

1. “Federal advanced biofuel volume” means the volume forthe year listed in 42 USC 7545 (o) (2) (B) (i) (II) or determined bythe federal environmental protection agency under 42 USC 7545(o) (2) (B) (ii) for advanced biofuel, except as provided under par.(d).

2. “Federal biomass−based diesel volume” means the volumefor the year listed in 42 USC 7545 (o) (2) (b) (i) (IV) or determinedby the federal environmental protection agency under 42 USC7545 (o) (2) (B) (ii) for biomass−based diesel, except as providedunder par. (d).

3. “Federal cellulosic biofuel volume” means the volume forthe year listed in 42 USC 7545 (o) (2) (B) (i) (III) or determinedby the federal environmental protection agency under 42 USC7545 (o) (2) (B) (ii) for cellulosic biofuel, except as providedunder par. (d).

4. “Federal diesel−replacement renewable fuel percentage”means the number calculated as follows:

a. Subtract the sum of the federal cellulosic biofuel volumeand the federal biomass−based diesel volume from the federaladvanced biofuel volume.

b. Subtract the amount determined under subd. 4. a. from thefederal renewable fuel volume.

c. Divide the federal biomass−based diesel volume by theamount determined under subd. 4. b.

5. “Federal diesel−replacement renewable fuel volume”means the volume calculated as follows:

a. Subtract the sum of the federal cellulosic biofuel volumeand the federal biomass−based diesel volume from the federaladvanced biofuel volume.

b. Multiply the federal diesel−replacement renewable fuelpercentage by the amount determined under subd. 5. a.

c. Add the federal biomass−based diesel volume to theamount determined under subd. 5. b.

6. “Federal gasoline−replacement renewable fuel volume”means the volume calculated by subtracting the federal diesel−re-placement renewable fuel volume from the federal renewable fuelvolume.

7. “Federal renewable fuel volume” means the volume for theyear listed in 42 USC 7545 (o) (2) (B) (i) (I) or determined by thefederal environmental protection agency under 42 USC 7545 (o)(2) (B) (ii) for renewable fuel, except as provided under par. (d).

8. “State percentage of motor vehicle fuel sold nationally” fora year means the number calculated as follows:

a. For each of the 3 years that preceded the year, divide thetotal volume of motor vehicle fuel sold in this state by the total vol-ume of motor vehicle fuel sold nationally. If complete informa-tion for the most recent year is unavailable, the department mayestimate sales for that year.

b. Add the quotients calculated in subd. 8. a. and divide by 3.

9. “Year” means the year for which the gasoline−replacementrenewable fuel goal or diesel−replacement renewable fuel goal isbeing determined.

(b) Gasoline−replacement renewable fuels sales volume. Thestate goal for the minimum annual volume of gasoline−replace-ment renewable fuels sold in motor vehicle fuel in the state for ayear is an amount calculated as follows:

1. Multiply the federal gasoline−replacement renewable fuelvolume for the year by 1.1.

2. Multiply the amount determined under subd. 1. by the statepercentage of motor vehicle fuel sold nationally for the year.

(c) Diesel−replacement renewable fuels sales volume. Thestate goal for the minimum annual volume of diesel−replacement


























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renewable fuels sold in motor vehicle fuel in the state for a yearis an amount calculated as follows:

1. Multiply the federal diesel−replacement renewable fuelvolume for the year by 1.1.

2. Multiply the amount determined under subd. 1. by the statepercentage of motor vehicle fuel sold nationally for the year.

(d) Federal volume adjustments. 1. The department shalladjust a volume specified in par. (a) 1., 2., 3., or 7., in accordancewith any waiver to the volume granted by the federal environmen-tal protection agency under 42 USC 7545 (o) (7).

2. The department shall adjust a volume specified in par. (a)1., 2., 3., or 7., by rule if the department determines that the regula-tions of the federal environmental protection agency adoptedunder 42 USC 7545 (o), other than 42 USC 7545 (o) (7), result inthe actual volume of one of these types of fuel that is required tobe sold under 42 USC 7545 (o) differing from the correspondingvolume specified under par. (a) 1., 2., 3., or 7.

(3) ANNUAL SALES DETERMINATION. (a) Annually, beginningin 2011, the department, in cooperation with and with assistancefrom the department of revenue, shall determine whether theannual goals for sales of renewable fuels in sub. (2) (b) and (c), forthe previous year, were met in the state in that year.

(b) The department may not include sales of gasoline−replace-ment renewable fuel or diesel−replacement renewable fuel inmaking the determination under par. (a) unless the fuel meets orexceeds applicable requirements for greenhouse gas emissionsreduction under 42 USC 7545 (o) (1) (B) (i), (D), (E) or (2) (A) (i)or under 42 USC 7545 (o) (4).

(4) ASSESSMENT. (a) Except as provided in par. (b), if thedepartment determines under sub. (3) (a) that an annual goal forsales of renewable fuels in sub. (2) (b) or (c), was not met, thedepartment shall assess the cause and report its findings to thegovernor and, under s. 13.172 (3), to the standing committees ofthe legislature that oversee issues related to renewable fuel. Thedepartment shall include all of the following in the assessment:

1. A determination of whether renewable fuels are availablein sufficient quantities and at prices comparable to the type of fuelthat they replace, and if so, whether fluctuations in demand forrenewable fuels are a cause of sales below the goal.

2. A determination of whether state or federal laws preventor impede the sale of the renewable fuels in volumes that meet thegoals in sub. (2).

3. An assessment of the motor vehicle fuel production, dis-tribution, and marketing systems in this state to determine howpractices could be changed to increase the volume of renewablefuel sold in this state.

4. A determination of whether requirements for renewablefuel sales by individual refiners, wholesalers, suppliers, distribu-tors, retailers, or any other persons involved in the production, dis-tribution, or marketing of motor vehicle fuel, would likely resultin sales of volumes of renewable fuels that meet the goals in sub.(2).

(b) If the department determines under sub. (3) (a) that anannual goal for sales of gasoline−replacement renewable fuels ordiesel−replacement renewable fuels in sub. (2) (b) or (c), was notmet in a year, the department has conducted an assessment underpar. (a) for a previous year for the same category of renewablefuels, and the department determines that another assessment forthe same category of renewable fuels will not further the purposesof this section, an assessment and report to the governor and thelegislature under par. (a) are not required.

(6) REPORTING. (a) The department shall consult with thedepartment of revenue to determine if information necessary tomake a determination under sub. (3) (a) or an assessment undersub. (4) is being collected by the department of revenue underlaws in effect on June 2, 2010. If the information is not being col-lected, the department may request the department of revenue tocollect the information if collection by the department of revenueis more cost−effective for state government and less burdensome

for the persons subject to the reporting requirements than collec-tion of the information by the department.

(b) The department may require refiners, wholesalers, suppli-ers, distributors, retailers, or any other person involved in the pro-duction, distribution, or marketing of motor vehicle fuel to reportinformation necessary to make a determination under sub. (3) (a)or an assessment under sub. (4).

(c) If the department requires the reporting of informationunder par. (b), the department shall require the reporting of infor-mation relating to the feedstocks used to produce a renewable fuelsold in this state unless the department determines that this infor-mation is not reasonably available.

(d) The department of revenue may collect informationrequested by the department under par. (a) in the reports under s.78.12 (1) to (3).

(7) RULES. (a) The department may promulgate a rule desig-nating a fuel that can substitute for petroleum−based diesel fuel,that is derived from a renewable resource, and that meets all of theapplicable requirements of ASTM International for that fuel as adiesel−replacement renewable fuel for the purposes of this sec-tion.

(b) The department may promulgate a rule designating a fuelthat can substitute for gasoline, that is derived from a renewableresource, and that meets all of the applicable requirements of theASTM International for that fuel as a gasoline−replacementrenewable fuel for the purposes of this section.

(8) PENALTIES. (b) Any person who fails to provide to thedepartment information required under sub. (6) (b) shall forfeitnot more than $1,000 for each violation.

(c) Each violation of a requirement to provide informationunder sub. (6) (b) constitutes a separate offense, and each day ofcontinued violation is a separate offense.

(d) 1. In lieu of any other penalty under this subsection, thedepartment may directly assess a forfeiture by issuing an orderagainst any person who violates a requirement to provide informa-tion under sub. (6) (b). The department may not assess a forfeitureexceeding $5,000 for each violation.

2. The department shall promulgate rules specifying the pro-cedures governing the assessment of forfeitures under this para-graph including all of the following:

a. The procedure for issuing an order for an alleged violation.

b. The amount of a forfeiture that the department may assessfor an alleged violation, subject to the limit in subd. 1. and the con-siderations in par. (e).

c. The procedure for contesting an order issued for an allegedviolation.

d. The procedure for contesting the assessment of a forfeiturefor an alleged violation.

3. The department shall remit all forfeitures paid under thisparagraph to the secretary of administration for deposit in theschool fund.

4. All forfeitures that are not paid as required under this para-graph shall accrue interest at the rate of 12 percent per year.

5. The attorney general may bring an action in the name of thestate to collect any forfeiture imposed, or interest accrued, underthis paragraph if the forfeiture or interest has not been paid afterthe exhaustion of all administrative and judicial reviews.

(e) A court imposing a forfeiture under par. (b) or the depart-ment imposing a forfeiture under par. (d) shall consider all of thefollowing in determining the amount of the forfeiture:

1. The appropriateness of the amount of the forfeiture consid-ering the volume of business of the person subject to the forfeiture.

2. The gravity of the violation.

3. Any good faith attempt to achieve compliance after the per-son receives notice of the violation.

History: 2009 a. 401; 2011 a. 32; 2015 a. 55, 186.

100.65 Residential contractors. (1) In this section:


























































(a) “Consumer” means an owner or possessor of residentialreal estate.

(b) “Dwelling unit” means a structure or that part of a structurethat is used or intended to be used for human habitation.

(c) “Promise to pay or rebate” includes granting any allowanceor offering any discount against fees to be charged or paying a con-sumer any form of compensation, gift, prize, bonus, coupon,credit, referral fee, or any other item of monetary value.

(d) “Residential contractor” means a person who enters into awritten or oral contract with a consumer to repair or replace a roofsystem or to perform any other exterior repair, replacement, con-struction, or reconstruction of residential real estate.

(e) “Residential real estate” means residential property con-taining a one−family or 2−family dwelling.

(f) “Roof system” includes roof coverings, roof sheathing,roof weatherproofing, and insulation.

(2) No residential contractor may, including in any advertise-ment, promise to pay or rebate all or any portion of a propertyinsurance deductible as an incentive to a consumer entering intoa written or oral contract with the residential contractor to repairor replace a roof system or to perform any other exterior repair,replacement, construction, or reconstruction of residential realestate.

(3) Before entering into a written contract with a consumer torepair or replace a roof system or to perform any other exteriorrepair, replacement, construction, or reconstruction of residentialreal estate, a residential contractor shall do all of the following:

(a) Furnish the consumer with a statement in boldface type ofa minimum size of 10 point in substantially the following form:

Please indicate whether, to the best of your knowledge, thework contemplated by this contract is related to a claim under aproperty insurance policy:

.... YES, to the best of my knowledge, the work contemplatedby this contract is related to a claim under a property insurancepolicy.

.... NO, to the best of my knowledge, the work contemplatedby this contract is not related to a claim under a property insurancepolicy.

Date ....

Customer’s signature ....

Residential contractor’s signature ....

You may cancel this contract at any time before midnight on thethird business day after you have received written notice fromyour insurer that the claim has been denied in whole or in partunder the property insurance policy. See the attached notice ofcancellation form for an explanation of this right.

(b) Furnish the consumer a completed form in duplicate thatis attached to the contract, is easily detachable, and contains, inboldface type of a minimum size of 10 point, the following state-ment:

NOTICE OF CANCELLATION

If you are notified by your insurer that the claim under the prop-erty insurance policy has been denied in whole or in part, you maycancel the contract by personal delivery or by mailing by 1st classmail a signed and dated copy of this cancellation notice or otherwritten notice to (name of contractor) at (contractor’s businessaddress) at any time before midnight on the third business dayafter you have received the notice from your insurer. If you cancelthe contract, any payments made by you under the contract, exceptfor certain emergency work already performed by the contractor,will be returned to you within 10 days following receipt by thecontractor of your cancellation notice.

I CANCEL THIS CONTRACT

Date ....

Customer’s signature ....

(4) Before a consumer enters into a written contract with a res-idential contractor to repair or replace a roof system or to perform

any other exterior repair, replacement, construction, or recon-struction of residential real estate, the consumer shall indicate tothe residential contractor whether, to the best of the consumer’sknowledge, the work contemplated by the contract is related to aclaim under a property insurance policy. If the consumer makesthe indication on the statement provided by the residential con-tractor under sub. (3) (a), the residential contractor shall retain thestatement and provide the consumer with a copy of the statement.

(5) A consumer who enters into a written contract with a resi-dential contractor to repair or replace a roof system or to performany other exterior repair, replacement, construction, or recon-struction of residential real estate all or part of which is to be paidunder a property insurance policy may cancel that contract priorto the end of the 3rd business day after the insured receives writtennotice from the insurer that the claim under the property insurancepolicy is denied in whole or in part. The consumer shall give theresidential contractor written notice of cancellation by personaldelivery of the notice or by 1st class mail to the residential contrac-tor’s address stated in the contract. If the notice is given by mail,the notice shall be postmarked before midnight of the 3rd businessday after the insured receives written notice from the insurer of thedenial of the claim. The notice shall be sufficient if the consumeruses the notice of cancellation form in sub. (3) (b) or providesother written notice that indicates the consumer’s intent not to bebound by the contract.

(6) Within 10 days after a residential contractor receives acancellation notice under sub. (5), the residential contractor shallreturn to the consumer any payments made, any deposits made,and any note or other evidence of indebtedness related to the con-tract. However, if the residential contractor has performed anyemergency services, acknowledged by the consumer in writing tobe necessary to prevent damage to the residential real estate, theresidential contractor shall be entitled to the reasonable value ofthose services.

(7) Any provision in a written contract with a residential con-tractor to repair or replace a roof system or to perform any otherexterior repair, replacement, construction, or reconstruction ofresidential real estate that requires the payment of any fee for any-thing except emergency services under sub. (6) is not enforceableagainst the consumer who has cancelled the contract under sub.(5).

(8) No residential contractor may represent or offer or adver-tise to represent a consumer or negotiate or offer or advertise tonegotiate on behalf of a consumer with respect to any insuranceclaim related to the repair or replacement of a roof system or to theexterior repair, replacement, construction, or reconstruction ofresidential real estate. This subsection does not prohibit a resi-dential contractor, with the express consent of an insured, fromdoing any of the following:

(a) Discussing damage to the insured’s property with theinsured or an insurance company’s representative.

(b) Providing the insured an estimate for repair, replacement,construction, or reconstruction of the insured’s property, submit-ting the estimate to the insured’s insurance company, and discuss-ing options for the repair, replacement, construction, or recon-struction with the insured or an insurance company’srepresentative.

(9) Any person who violates this section shall forfeit not lessthan $500 nor more than $1,000 for each violation.

History: 2013 a. 24, 150.

100.70 Environmental, occupational health, andsafety credentials. (1) PROHIBITIONS. (a) Certified danger-ous goods professional. No person may use the title “CertifiedDangerous Goods Professional,” the initials “C.D.G.P.,” or anyvariation or combination of those terms to identify, advertise, orrepresent, by any means, that the person is a certified dangerousgoods professional unless the person is designated as a certifieddangerous goods professional by the Institute of Hazardous Mate-











rials Management and that designation has not expired or beenrevoked.

(b) Certified hazardous materials manager. No person mayuse the title “Certified Hazardous Materials Manager,” the initials“C.H.M.M.,” or any variation or combination of those terms toidentify, advertise, or represent, by any means, that the person isa certified hazardous materials manager unless the person is des-ignated as a certified hazardous materials manager by the Instituteof Hazardous Materials Management and that designation has notexpired or been revoked.

(c) Certified hazardous materials practitioner. No person mayuse the title “Certified Hazardous Materials Practitioner,” the ini-tials “C.H.M.P.,” or any variation or combination of those termsto identify, advertise, or represent, by any means, that the personis a certified hazardous materials practitioner unless the person isdesignated as a certified hazardous materials practitioner by theInstitute of Hazardous Materials Management and that designa-tion has not expired or been revoked.

(d) Certified health physicist. No person may use the title“Certified Health Physicist,” the initials “C.H.P.,” or any variationor combination of those terms to identify, advertise, or represent,by any means, that the person is a certified health physicist unlessthe person is designated as a certified health physicist by theAmerican Board of Health Physics and that designation has notexpired or been revoked.

(e) Certified industrial hygienist. No person may use the title“Certified Industrial Hygienist,” the initials “C.I.H.,” or any vari-ation or combination of those terms to identify, advertise, or repre-sent, by any means, that the person is a certified industrial hygien-ist unless the person is designated as a certified industrialhygienist by the American Board of Industrial Hygiene and thatdesignation has not expired or been revoked.

(f) Certified safety professional. No person may use the title“Certified Safety Professional,” the initials “C.S.P.,” or any varia-tion or combination of those terms to identify, advertise, or repre-sent, by any means, that the person is a certified safety profes-sional unless the person is designated as a certified safetyprofessional by the Board of Certified Safety Professionals andthat designation has not expired or been revoked.

(g) Registered radiation protection technologist. No personmay use the title “Registered Radiation Protection Technologist,”the initials “R.R.P.T.,” or any variation or combination of thoseterms to identify, advertise, or represent, by any means, that theperson is a registered radiation protection technologist unless theperson is designated as a registered radiation protection technolo-gist by the National Registry of Radiation Protection Technolo-gists and that designation has not expired or been revoked.

(h) Commercial representation. No business entity may iden-tify, advertise, or represent, by any means, that the services pro-vided by the business entity are furnished by a certified or regis-tered professional described under pars. (a) to (g) unless thoseservices are provided by, or are provided under the direct supervi-sion of, a person who is permitted to use that title under pars. (a)to (g).

(i) Certification mark. No person may mislead or deceive aperson by the unauthorized use of a certification mark awarded bythe U.S. patent and trademark office that includes a title describedin pars. (a) to (g).

(j) Exception. Paragraphs (a) to (g) do not apply to an appren-tice or student who is acting under the supervision of a person whois permitted to use a title under pars. (a) to (g).

(2) PENALTY. A person who violates sub. (1) is guilty of a mis-demeanor and shall be fined not more than $1,000.














CHAPTER 100 · 100.53 Vehicle rentals; title and registration fees. 100.54 Access to credit...

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